7751

Authorization procedure and Trade Register aspects for CAEN 7751

To carry out intermediation activities for the rental and leasing of cars, vans and trailers (CAEN code 7751), registration with the Trade Register (ONRC) is mandatory. Upon company incorporation, a sworn declaration according to Law 359/2004 must be completed, whereby the associate declares compliance with the operating conditions. No prior approvals from other institutions are required for authorization; however, the company must request registration of CAEN code 7751 as a main or secondary activity. When submitting the file, the certificate of registration with the relevant CAEN codes must be completed. For rental intermediation, the special regime for tourism activities does not apply, but it is recommended to verify contractual clauses with vehicle owners to avoid falling under other codes (e.g., 7711 - own car rental).

Regulatory framework, specific approvals and control institutions

Applicable legislation includes the Fiscal Code, Law 31/1990 on companies, and ANAF regulations on e-Factura. For leasing intermediation, the provisions of Government Ordinance 51/1997 on leasing apply. No approvals from the Consumer Protection Authority or the Ministry of Transport are required unless you intermediate directly in your own name (in which case you would fall under CAEN 7711). The control institutions are ANAF (for taxation and e-Factura) and ONRC (for compliance with the legal form). For intermediated leasing contracts, the tax residence status of the involved parties must be verified. Regulations on obtaining transport licenses do not apply, as the activity is purely intermediary.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, income from intermediation commissions is recorded in account 704 (income from services). Invoicing is done through the RO e-Factura system, mandatory for B2B relationships. VAT applies at the standard rate (19%) if the service is provided in Romania. If you intermediate for a non-resident supplier, reverse charge rules apply if that supplier is not registered for VAT in Romania. ANAF may check, through tax inspection, whether the intermediation is genuine and does not conceal direct rental (to avoid specific taxation). It is recommended to keep a professional file with mandate contracts, proof of payments and correspondence with the parties involved. Specific accounting requires separate recording of commissions and marketing or administration expenses. For payments to non-resident intermediaries, the double taxation avoidance convention must be verified. The main audit risk consists of incorrect declaration of income or incorrect VAT treatment for intra-Community transactions.