7739

Authorization procedure and Trade Register aspects for NACE 7739

Setting up a company with the main activity of NACE 7739 requires going through the standard registration steps at the Trade Register (ONRC), without needing prior operating permits from other institutions. When filing the registration application (single form), a sworn declaration according to Law 359/2004 is completed, in which the administrator confirms compliance with the legal operating conditions. The company's articles of association must explicitly provide for rental and leasing activities related to classes 7731-7739. No special minimum share capital is required, applying the general rules on minimum share capital (RON 50 for SRL). After registration, it is mandatory to obtain the tax registration certificate from the Tax Authority (ANAF), and within 30 days of registration, the statement regarding the fiscal vector (Form 010) must be submitted.

Regulatory framework, specific permits and control institutions

For activities under NACE 7739, there are no mandatory prior permits at central level, but applicable legislation includes Law 287/2009 (Civil Code) for operational leasing contracts, Law 93/2009 on non-banking financial institutions (if financial leasing is practiced – for this case, NACE 6491 applies, not 7739), and Government Emergency Ordinance 99/2006 on credit institutions. If you rent machinery or equipment subject to ISCIR regulations (e.g., pressure equipment, lifting installations), the economic operator must hold technical authorizations and comply with specific safety standards (Government Decision 1146/2006). Also, for goods involving major risks (e.g., construction equipment), regulations on occupational safety and health apply – Law 319/2006. From a local tax perspective, renting movable goods generates the obligation to pay property tax on buildings/land only if storage spaces are owned. There is no specific tax for rental activity, but income tax (for companies) or profit tax (for SRLs) is due.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, income from renting goods (NACE 7739) qualifies as service income and is taxed according to the general rules on profit tax (16% for SRLs) or micro-enterprise income tax (1% or 3% of turnover, depending on employees). No special exemptions apply. VAT: the provision of rental services is a taxable transaction if the exemption threshold of RON 300,000 is exceeded (or if opting for reverse charge). Issuing invoices through the RO e-Factura system is mandatory starting 2024. Specific accounting involves separate recording of the depreciation of rented goods (if operating leasing or simple rental is used, the goods remain in the lessor's patrimony). It is recommended to draw up a written rental contract with clear clauses on duration, price, maintenance and liability. ANAF audit risk: reasonable, if discrepancies are found between declared income and actual operations (e.g., understating rents to avoid taxation). It is recommended to keep an updated fixed assets register, rental contracts and payment evidence. Control points: ANAF may verify the reality of operations, compliance with VAT rates and correct application of transfer pricing rules if goods are rented from an associated company. In the case of vehicle rental (subclass 7734 or 7739), specific rules apply regarding the deduction of fuel expenses (only 50% for SRLs, according to the Fiscal Code).