4912

Authorization procedure and Trade Register aspects for CAEN 4912

For registration with the Trade Register (ONRC) of the light railway passenger transport activity (CAEN 4912), a strict prior authorization regime must be followed. When submitting the registration application, the associates/administrators submit a sworn declaration according to Law 359/2004, but this does not replace obtaining the operating licenses. Mandatory, before starting the activity, the railway transport license must be obtained from the Romanian Railway Authority (AFER), according to Government Emergency Ordinance 12/1998 and Government Decision 401/2000. Without a license, any service contract is void, and the Tax Authority (ANAF) may cancel the VAT registration. At ONRC, CAEN code 4912 is authorized as a main or secondary object, but all workplaces (depots, maintenance stations) must also be notified. It is advisable to consult a legal specialist for drafting the constitutive act, as the form of organization (SA, SRL) influences the liability of administrators and financial audit obligations.

Regulatory framework, specific approvals, and control institutions

The light railway field is supervised by AFER (issuance of licenses and safety certificates) and the Ministry of Transport. To commence the activity, the following are necessary:

• Class B railway transport license (for passenger transport).
• Safety certificate issued by AFER, attesting compliance with national technical regulations (Norm 22/2020).
• Homologation of rolling stock – vehicles must be registered with AFER and have a valid route sheet.
• Environmental approval from the Environmental Protection Agency (impact assessment, if new infrastructure is built).
• Approval from the Road Police for level crossings (if applicable).

Operational control is ensured by AFER (safety inspections) and ANAF (tax inspections). It is recommended to archive all approvals and licenses for potential controls.

Tax management, ANAF audit risk, and specific accounting

Activities under CAEN 4912 involve special tax obligations. Taxation is done according to the Fiscal Code: VAT at the standard rate (19%), corporate income tax or income tax (micro-enterprise eligible only if transport revenues do not exceed the threshold of 500,000 euro). The main ANAF audit risk concerns the declaration of income from tickets/subscriptions and correlation with the RO e-Factura system. For invoicing, Order 376/2016 on electronic invoicing is followed. Accounting must record separately:

• Income from transport (account 704 – income from services) and maintenance costs of rolling stock (accounts 602, 603).
• Accelerated depreciation of means of transport (trams, light metro) according to the guidelines of the Ministry of Finance.
• Government subsidies (if any) are recorded separately in account 741.

For employees (drivers, maintenance staff), payrolls are prepared according to the Labor Code, with contributions to health (10%) and pension (25% + CAS) applicable. Recommendation: implement a ticket management system and tax declarations (D112, D100, D300) verified quarterly by a tax consultant.