6010

Authorization procedure and Trade Register aspects for NACE 6010

For registration with the Trade Register (ONRC) of the NACE 6010 activity, the company must submit the standard application for registration or amendment, together with the updated articles of incorporation. It is recommended to clearly specify the main object of activity as 'Radio broadcasting activities; audio program distribution activities'. If audio program distribution is also intended, NACE 6010 should be included, but it should not be confused with NACE 6020 (television program distribution). For authorized natural persons (PFA) or individual enterprises (II), the same rules apply, but with the submission of a sworn declaration according to Law 359/2004 on operating authorization. The articles of incorporation must comply with the provisions of Law no. 31/1990, republished, and must include the object of activity in accordance with the Classification of Activities in the Romanian Economy (CAEN Rev. 2).

Regulatory framework, specific approvals, and control institutions

Radio broadcasting activities fall under the provisions of Law no. 504/2002 on audiovisual media, which is the main normative act. Economic operators must obtain a license from the National Audiovisual Council (CNA) before starting transmission. Without this license, operation is illegal. Furthermore, for the use of radio frequencies, a technical authorization from the National Authority for Management and Regulation in Communications (ANCOM) is required. Licensing fees are established by CNA decisions and include financial guarantees. Compliance with audiovisual legislation is monitored by CNA, while technical compliance is monitored by ANCOM. The Tax Authority (ANAX) checks compliance with tax obligations, including value-added tax (VAT) and corporate income tax. Correct tax registration with an updated fiscal vector is mandatory, under penalty of fines provided by the Fiscal Procedure Code.

Tax management, ANAF audit risk, and specific accounting

From a fiscal perspective, NACE 6010 activity generates revenue from advertising, subscription fees, or subsidies, which are recorded in accounting according to Order of the Minister of Public Finance (OMFP) no. 1802/2014. Expenses include depreciation of transmission equipment, license royalties, and technical staff costs. VAT applies to invoicing of advertising services and subscriptions, with the obligation to submit VAT returns monthly or quarterly, depending on the threshold. ANAF audit risk: tax authorities have intensified controls in the audiovisual sector, especially targeting underreporting of advertising revenue and non-compliance with obligations regarding the RO e-Factura and e-Transport systems. It is recommended to archive supporting documents for at least 5 years, according to the Fiscal Code. The Single Declaration (D212) is required for natural persons earning income from independent activities, only if they are not classified as employees. For companies, corporate income tax is calculated quarterly at the standard rate of 16% (or 1% for micro-enterprises, if conditions are met). Tax losses are carried forward according to art. 31 of the Fiscal Code. Advertising contracts must comply with the provisions of the Audiovisual Law, and invoices issued to advertising agencies must contain the information required by the Fiscal Code and ONRC regulations.