7752

Authorization procedure and Trade Register aspects for NACE 7752

For registration with the Trade Register (ONRC) of the main activity NACE 7752, i.e., "Intermediation services for the rental and leasing of other tangible goods and intangible goods (excluding financial)", the company must submit a sworn declaration according to Law 359/2004, certifying that it meets the operating conditions. No prior approvals from specific regulatory authorities are required (exception: if the intermediation concerns goods subject to authorization, such as weapons or dangerous substances). When completing the registration application, the NACE code 7752 will be mentioned as the main or secondary object. For intermediation of intangible goods (software licenses, patents), it is recommended to consult a lawyer specialized in intellectual property, although the Trade Register does not require additional evidence.

Regulatory framework, specific approvals and control authorities

The intermediation activity for rental/leasing (NACE 7752) is not a strictly regulated activity under special legislation. The provisions of Government Emergency Ordinance 99/2006 regarding non-bank financial institutions do not apply, as intermediation does not involve direct financing. Fiscal control is exercised by the Tax Authority (ANAF), and checks focus on the correct recording of commission income. If the intermediation involves real estate (although NACE 7752 excludes real estate – these fall under NACE 6820 or 6831), other rules apply. For tangible goods (machinery, equipment, vehicles), no environmental or ISCIR approvals are needed, unless the rented goods are subject to technical regulations (e.g., pressure equipment). It is recommended to verify the specific obligations related to the intermediated good. The main control authorities are: the Trade Register (for maintaining registration), the Tax Authority (general tax inspection) and, where applicable, the National Authority for Consumer Protection (if services are provided directly to individuals).

Tax management, ANAF audit risk and specific accounting

Income from intermediation commissions (NACE 7752) qualifies as service revenue, subject to corporate income tax (or micro-enterprise income tax, if conditions are met). The tax base is the commission collected, not the value of the intermediated good. VAT applies to the commission (standard rate 19% in Romania), if the service is provided in one's own name. If the intermediation is carried out in the client's name (agency contract), invoicing may be done without VAT under certain conditions. The main risk in an ANAF audit is the non-declaration of commission income or incorrect application of the VAT regime (especially for intermediation of intangible goods). It is recommended to correctly record the intermediation contracts and issue electronic invoices through the RO e-Factura system. The accounting must clearly reflect commission income separately from other operations. For international intermediation, reverse charge rules apply (if the beneficiary is a taxable person from another EU state). Tax obligations are declared monthly/quarterly through form 300 (VAT), and corporate income tax through declaration 100. There are no special obligations regarding the fiscal vector, but it is recommended to clarify the fiscal code when registering for VAT purposes (if the exemption threshold of 300,000 lei is exceeded). For intermediation of operational leasing, specific accounting rules apply (IFRS 16), but for simple intermediation, only the commission is recorded.