6832

Authorization procedure and Trade Register aspects for CAEN 6832

Registering a company that will carry out activities under CAEN 6832 involves undergoing the standard formalities at the National Trade Register Office (ONRC), with the particularity that the main object of activity must be formulated exactly according to the CAEN Nomenclature: "Other activities for real estate transactions on a fee or contract basis". CAEN 6832 exclusively covers intermediation activities, not direct property management. At incorporation, a declaration on one's own responsibility is completed, in accordance with Law 359/2004, by which the associate or administrator confirms compliance with the legal conditions for carrying out the respective activity. No prior operating permits from special regulatory institutions, such as the National Bank of Romania (BNR) or the Financial Supervisory Authority (ASF), are required, as the activity does not involve lending or insurance operations. However, to operate legally, the company must have a real registered office, and when submitting documents, the owner's consent (in case of lease) or proof of ownership will be requested. Within the registration file, it must also be specified that the company carries out intermediation activities, not property management, to avoid incorrect fiscal classification. After registration, within 30 days, the fiscal registration declaration (tax vector) is submitted to the Tax Authority (ANAF), where CAEN 6832 will be declared as the main or secondary activity, according to the operating intention.

Regulatory framework, specific approvals and control institutions

For CAEN 6832, there is no special sectoral regulation requiring prior operating permits, as is the case for classic real estate agencies (which may fall under Government Emergency Ordinance 40/1999 on consumer protection). However, real estate intermediation activity is subject to the general provisions of the Civil Code and Ordinance 99/2000 on the marketing of products and market services, and service providers must comply with the regime for invoicing and intermediation contracts. Relevant control institutions are the Tax Authority (ANAF) (for compliance with tax obligations), the National Authority for Consumer Protection (ANPC) and the National Office for Prevention and Combating Money Laundering (ONPCSB). Since operations involve high-value real estate transactions, companies providing real estate intermediation services may be considered "obliged entities" within the meaning of Law 129/2019 on combating money laundering, in which case they must register with ONPCSB and implement customer due diligence and suspicious transaction reporting procedures. No authorization from ANRE, ANCOM or other specific regulatory bodies is required, but it is recommended to periodically check the official list of updated CAEN codes at national level, as the CAEN Nomenclature undergoes periodic changes. Also, if the activity involves managing client funds, regulations on transaction records and personal data protection (GDPR) may apply.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, companies operating under CAEN 6832 are liable for profit tax or micro-enterprise income tax, depending on turnover and number of employees. Income from intermediation fees is recorded in accounting as revenue from service provision, and deductible expenses include fees paid to third parties, marketing and travel costs, office rent, etc. Invoicing is carried out according to the RO e-Factura system for B2B relationships (mandatory from 2025), while for individuals, invoices or receipts may be issued, subject to legal thresholds. A sensitive aspect is the tax treatment of advances received from clients: these are recorded as deferred income, to be recognized at the time of actual performance of the intermediation service. The risk of ANAF audit is high if the company records repeated tax losses or if commissions are significantly lower than the market average, which may draw attention to undervaluation of income. Also, ANAF inspectors will verify the reality of intermediation operations, requesting mandate contracts, correspondence with clients and evidence of service performance (property presentations, negotiations, etc.). To reduce risk, it is recommended to keep a complete file for each transaction, include standard commission clauses in contracts and meet deadlines for filing tax returns (D100, D101, D300, the single declaration for individuals if applicable). Specific accounting involves separately recording intermediation operations from any income from property management (which corresponds to other CAEN codes, such as 6820). Do not forget that if the company provides cross-border services, the VAT rules for intra-community service supplies (place of supply, registration thresholds for VAT purposes, etc.) apply.