7733

Authorization procedure and Trade Register aspects for CAEN 7733

To register the CAEN 7733 activity with the Trade Register (ONRC), a file must be submitted together with the updated constitutive act. CAEN 7733 does not require special prior operating licenses, but the main or secondary object of activity must be clearly stated in the company's articles of association. Authorized natural persons (PFA) or individual enterprises (II) shall complete a sworn statement in accordance with Law 359/2004, stating that they do not perform activities subject to prior approval. Legal entities (SRL) must submit to the Trade Register (ONRC) the registration application, the constitutive act, proof of the registered office, and the tax registration certificate. After registration, the company receives the unique registration certificate (CUI) and, implicitly, the fiscal vector.

Registration with the Register of Movable Property (Electronic Archive of Real Movable Securities) is also necessary if leasing goods that are subject to lease-purchase contracts. Moreover, in the case of financial leasing, contracts must be registered with the Tax Authority (ANAF) for monitoring VAT and tax adjustments. For simple operational leasing, such a formality is not required, but strict record-keeping of contracts is recommended.

Regulatory framework, specific permits, and control institutions

Activities of renting and leasing office machinery and equipment (including computers) are governed by the Civil Code (lease agreement) and Government Emergency Ordinance no. 99/2000 on leasing, if opting for financial leasing. There are no prior permits from environmental or health institutions unless equipment with special impact is leased (e.g., copiers with hazardous substances). Generally, an environmental permit is not required for simple leasing, but if storage spaces for equipment are maintained, a fire safety permit (ISU) may be necessary.

Relevant control institutions are the Tax Authority (ANAF) (for verifying correct VAT and income), the Territorial Labor Inspectorate (ITM) for employees, and the Public Health Directorate (DSP), if commercial spaces exist. Also, the Ministry of Finance and the Trade Register can carry out operational checks regarding compliance with registration and reporting obligations.

Tax management, ANAF audit risk, and specific accounting

From a fiscal perspective, CAEN 7733 activities generate income from rental/leasing that is taxed according to the Fiscal Code. For legal entities, income falls under income from services, and deductible expenses include equipment depreciation, interest (in the case of financial leasing), and maintenance and repair costs for the leased goods. SRLs pay corporate income tax of 16% (or 1% on revenue if they meet micro-enterprise conditions). PFAs and IIs apply the real taxation system, declaring net income through the single declaration.

VAT is applied to equipment rental under the normal regime (19%), except for exemption cases (e.g., rental of immovable property). For financial leasing, VAT is charged upon invoicing each installment, and the tax base includes the residual value. Compliance with the RO e-Factura system is mandatory for all invoices issued, regardless of value, starting from 2024. Non-compliance may result in fines and loss of the right to deduct VAT.

The risk of an ANAF audit is medium to high, considering that equipment rental can be used for tax optimization (e.g., deductibility of maintenance). ANAF will verify the reality of operations, actual collection of invoices, and VAT adjustments for capital goods. It is recommended to keep rental/leasing contracts, proof of payment, and a Register of leased goods with technical specifications and values. Specific accounting requires the distinct recording of tangible fixed assets (leased equipment), recording financial leasing operations through liability accounts (167) and financial expenses (666).