5540

Authorisation procedure and Trade Register aspects for NACE 5540

For registration at the Trade Register (ONRC) of the activity 'Intermediation for accommodation services' (NACE code 5540, according to the Classification of Activities in the National Economy - CAEN Rev. 2), the standard procedure for setting up a legal entity (LLC, SA, etc.) or registration of a sole trader (PFA/II/IF) is followed. When submitting the file, a sworn statement in accordance with Law 359/2004 regarding the fulfilment of operating conditions is completed. It is mandatory to specify the main object of activity exactly: 'Intermediation for accommodation services', without confusing it with 'Hotels and similar accommodation facilities' (NACE 5511) or 'Short-term accommodation service activities' (NACE 5520).
For sole traders (PFA/II), prior authorisation from the home municipality is required, with an operating permit issued under Law 359/2004. Although the activity is intermediation, not direct accommodation, it is recommended to verify obtaining a clear fiscal registration number (CUI) that attests exactly this NACE class. If the associate or administrator of the legal entity has a fiscal criminal record or criminal antecedents, the ONRC may suspend the registration. No approvals from the Ministry of Tourism (MDRAPFE) are required for mere intermediation, but contracts with hotel partners must comply with the provisions of Government Emergency Ordinance (GEO) 85/2008 establishing the legal framework for the sale of accommodation service packages.

Regulatory framework, specific approvals and control institutions

Although not explicitly regulated by the National Tourism Authority (ANT), intermediation of accommodation services falls under consumer protection legislation (Law 363/2007 on combating unfair practices) as well as anti-money laundering rules (Law 129/2019). Economic operators carrying out intermediation activities must register with the National Office for Prevention and Combating of Money Laundering (ONPCSB) if the monthly volume of intermediated transactions exceeds EUR 10,000 (equivalent).
Main control is exercised by the Tax Authority (ANAF) (tax inspections, verification of correct declaration of income and VAT) and the Consumer Protection Authority (ANPC) when intermediation involves direct purchases from consumers. If intermediation is done through online platforms (Booking, Expedia, Airbnb), e-commerce regulations (Law 365/2002) also apply. For intermediation contracts, I recommend including a 'direct booking and payment' clause to avoid being considered a 'tour operator' (which would require a tourism license). However, if you issue your own invoices to end customers (not just proactive ones), the fiscal classification may change to that of a 'travel agent', with the obligation to hold a certificate from the Ministry of Tourism.

Fiscal management, ANAF audit risk and specific accounting

From a fiscal perspective, NACE 5540 activity is classified as 'commercial intermediation service activity' and is subject to general rules on income tax/profit tax (legal entities). Income from commissions (the difference between the price paid by the client and the price paid to the supplier) is declared as income from independent activities (for natural persons) or as turnover. VAT applies to the intermediation margin, according to Art. 331 of the Fiscal Code (the taxable margin is the gross commission). If intermediation is towards individuals, the standard VAT system applies (19%), except in cases where accommodation is considered 'tourism service provision' (when the VAT margin applies under Art. 331). Major ANAF audit risk: ANAF frequently checks the correctness of the VAT margin and the declaration of commissions. For natural persons, Law 227/2015 requires the use of e-Factura (RO e-Factura) for all invoices issued to legal entities as of July 1, 2022. Non-compliance attracts fines of 5-10% of the invoice value. Accounting must distinctly reflect income from commissions (account 704 'Income from studies and research' or account 707 'Income from sale of goods' - correct is 704 for intermediation services). It is recommended to use analytical accounts to facilitate audits. Fiscal obligations include: the single declaration (for natural persons) due by May 25; declaration 394 (for VAT taxable persons); declaration 311 (for VAT margin). Also, for contracts with foreign partners (e.g., platforms), the withholding tax regime on non-residents applies (16% of gross income) unless exempt under a double taxation treaty.