5813

Authorization procedure and Trade Register aspects for CAEN 5813

Setting up a company with the main activity 'Activities of editing magazines and periodicals' (CAEN code 5813) requires going through the standard registration procedure with the National Trade Register Office (ONRC). When submitting the application, a sworn statement according to Law no. 359/2004 is completed, whereby the administrator attests to the fulfillment of the legal operating conditions. There are no special minimum share capital requirements for this CAEN code, but an adequate capital is recommended to cover initial production and distribution costs. The annex to the registration application must clearly specify CAEN code 5813 as the main activity, and for secondary activities, related codes such as 5814 (editing of newspapers) or 5819 (other editing activities) can be associated. After registration, the company must request from ONRC the issuance of the certificate of registration attesting the registration and the unique registration code (CUI).

Regulatory framework, specific permits and control institutions

For editing magazines and periodicals, no prior permits from press regulatory authorities are required, except registration with the National Press Registry (R.N.P.) managed by the National Audiovisual Council (CNA), but only if audiovisual content is also broadcast. The activity is subject to control by the National Authority for Administration and Regulation in Communications (ANCOM) only in the case of electronic editing with distribution through communication networks. From a consumer protection perspective, publications must comply with the provisions of Law no. 148/2000 on advertising and Law no. 344/2004 on electronic commerce, if subscriptions are sold online. The main control institutions are: the Tax Authority (ANAF) (for VAT, corporate income tax, local taxes) and the Territorial Labor Inspectorate (ITM) for labor relations with journalists and editorial staff.

Tax management, ANAF audit risk and specific accounting

Tax regime and VAT

Editing activities of magazines and periodicals benefit from a reduced VAT rate of 5% for the sale of printed publications, according to the Fiscal Code (art. 291 para. (3) lit. a). For digital publications (e-books, online subscriptions), the standard VAT rate of 19% applies in Romania, with the possibility to opt for the special scheme for electronic services for sales to consumers from other EU member states (OSS). It is mandatory to issue electronic invoices through the RO e-Factura system for all B2B operations, according to Emergency Ordinance no. 69/2024. Incorrect recording of operations or wrong application of the VAT rate may attract a major risk of ANAF audit, especially in the context of cross-checking of advertising and subscription income.

Accounting and tax declaration

Income from the sale of magazines and periodicals is recorded separately in accounting, based on supporting documents (invoices, receipts, sales statements). Tax-deductible expenses include: printing costs, royalties, consumable materials, distribution and delivery commissions. For royalties paid to collaborators (journalists, photographers), a 10% income tax is withheld according to the Fiscal Code, and social contributions are declared through the single declaration (D212). The company must submit monthly the D300 declaration (VAT return) through the RO e-Factura system, as well as the D406 declaration (SAF-T) on standardized financial statements. We recommend implementing a management system for subscriptions and recurring collections to avoid VAT reporting errors upon collection. Additional audit risk arises from recording sponsorship or advertising expenses, which must be correctly fiscally classified. Periodic verification of the fiscal vector with ANAF is mandatory.

ANAF audit risk

The main ANAF control points target: correctness of applying the reduced VAT rate for printed publications, separate recording of income from subscriptions vs. occasional sales, and the tax treatment of royalties. It is recommended to keep records on paper and electronic for a minimum of 5 years, and for distribution contracts there should be supporting documents regarding commissions retained by distributors. A clear accounting structure and correct reporting through RO e-Factura significantly reduce the risk of sanctions.