5121

Authorization procedure and Trade Register aspects for CAEN 5121

For registration with the Trade Register (ONRC) of the registered office and work points, the applicant must submit the standard application together with the constitutive act, proof of premises (lease/use contract or ownership certificate) and the affidavit according to Law 359/2004 regarding the fulfillment of operating conditions. The main object of activity shall be specified exactly as "Air freight transport – CAEN 5121". Since this class involves the operation of cargo aircraft, registration with the Trade Register must be completed by obtaining the air transport operator authorization from the Romanian Civil Aeronautical Authority (AACR). Without this authorization, operation is illegal. It is recommended to mention in the constitutive act all related activities allowed by the code (e.g., freight handling, air logistics services), to avoid subsequent amendments. For work points, the same procedure applies, with the mention that each operational base must be approved by AACR.

Regulatory framework, specific endorsements and control institutions

The field of air freight transport is strictly regulated. The main normative act is Government Ordinance no. 29/1997 on the Civil Aeronautical Code, republished, correlated with EU regulations on aviation safety (e.g., Regulation (EU) 2018/1139). The control authority is the Romanian Civil Aeronautical Authority (AACR), which issues: (i) the Air Operator Certificate (AOC) specific for freight transport; (ii) the Operating License; (iii) the endorsement for handling stations and freight warehouses. In addition, for the transport of dangerous goods, IATA DGR and Regulation (EU) no. 965/2012 apply, and for goods with special regime (weapons, pharmaceutical products) additional approvals from the Ministry of Interior or the Ministry of Health are required. Companies must have a security program approved by AACR and comply with national rules on aviation security (Law 191/2003). Also, international freight transport requires compliance with customs regulations (Romanian Customs Code) and obtaining the Authorized Economic Operator (AEO) status if customs simplification is desired.

Fiscal management, ANAF audit risk and specific accounting

From a fiscal perspective, revenues from air freight transport services are subject to corporate income tax (16%) or micro-enterprise income tax, if the threshold and personnel conditions are met. VAT for international freight transport is exempt with deduction right (according to art. 294 para. (1) lit. a) of the Fiscal Code), but domestic transport is taxable at 19%. Companies must issue invoices in the RO e-Factura system, any local operation (B2B) being mandatory. The risk of ANAF audit is high in this field, as ANAF checks: (i) the correct application of VAT exemptions; (ii) the documentation of international transport (the well-known "air transport documents" – AWB); (iii) the method of calculating the tax base for auxiliary services (handling, storage). Specific accounting involves the separate recording of fuel costs (excise duties), airport royalties, aircraft leases and crew personnel expenses. The registration of aircraft and spare parts in the fixed assets register is mandatory. The fiscal vector must be updated at ANAF with CAEN code 5121, and the single declaration (for individuals) or periodic declarations (for companies) must correctly reflect the revenues. It is recommended to keep flight logs and transport contracts for 10 years, as the statute of limitations for tax obligations is extended in the case of intra-Community operations. Internal audit should check monthly the compliance with margin thresholds for intermediary services (if applicable) and ensure compliance with transfer pricing rules in the case of affiliated companies.