4920

Authorization procedure and Trade Register aspects for NACE 4920

Setting up a company with main activity 4920 - Rail freight transport requires going through the standard registration steps at the Trade Register (ONRC), noting that secondary activities may include related operations (cargo handling, storage, rolling stock maintenance). According to Law 359/2004, upon registration, the administrator's affidavit regarding compliance with operating conditions must be submitted. For NACE 4920, specific authorizations must be obtained before starting the activity. ONRC will request proof of registered office (lease/purchase contract, tax certificate, usage agreement) and, for rail transport, the opinion of the Romanian Railway Authority (AFER). We recommend that the registration application explicitly mention NACE code 4920 as the main activity and attach all documents proving access to railway infrastructure.

Regulatory framework, specific endorsements, and control institutions

Rail freight transport is strictly regulated by Emergency Ordinance 12/1998 on rail transport, supplemented by Law 104/2009. The operator must hold a Rail Transport License issued by AFER, certifying technical and financial capacity. Additionally, a Safety Certificate is required, attesting compliance with interoperability and safety standards (Directive 2016/798/EU). Rolling stock (locomotives, wagons) must be registered with the Romanian Railway Authority and have valid maintenance records. Operational control is carried out by the Railway Safety Authority within AFER, and roadside checks are performed by the State Inspectorate for Rail Transport Control. For the transport of dangerous goods, RID (Regulations concerning the International Carriage of Dangerous Goods by Rail) applies, and ADR certification is also required. We recommend concluding a framework contract with the infrastructure manager (CFR SA or private operators) and paying access fees.

Tax management, ANAF audit risk, and specific accounting

From a tax perspective, the company is liable for corporate income tax (or micro-entity tax if turnover conditions are met). ANAF may initiate tax inspections regarding the documentation of operating expenses (rental of rolling stock, fuel, spare parts, maintenance services). For VAT deduction on purchases of locomotives, wagons, or repair services, invoices must comply with the RO e-Factura rules (mandatory from January 1, 2024 for B2B transactions). Specific accounting involves separate recording of assets (rail transport means) and their depreciation according to legal useful lives (accounting norm: 6-10 years for rolling stock). Expenses for routine maintenance and repairs are recorded as operating expenses, while major investments (locomotive upgrades) are capitalized. Monthly (D300) and quarterly (D100) declarations are adjusted via the tax vector at ANAF. ANAF audits focus particularly on the accuracy of supplier recording (whether they are legal entities with risky tax behavior) and expenses for travel allowances of railway staff, which must be justified with route sheets and attendance records. We recommend maintaining separate records for subcontracting contracts in rail transport, as ANAF may reclassify payments during audits. Supporting documents for each trip must be archived for 5 years under the Fiscal Procedure Code, including: consignment note, marking sheet, weighbridge note, and the contract with the client.