7911

Authorization procedure and Trade Register aspects for CAEN 7911

The establishment of a company that will carry out travel agency activities involves going through the standard registration stages with the Trade Register (ONRC), but with particularities related to the object of activity. When submitting the registration application, the associates or administrators must complete the affidavit under Law 359/2004, certifying compliance with the operating conditions for CAEN 7911. ONRC does not require prior approvals from other institutions at the time of establishment, but the company must subsequently obtain the operating authorization from the Ministry of Economy, Entrepreneurship and Tourism (MEAT), through its territorial structures. Registration with the Trade Register is made with the note that the main activity is "Activities of travel agencies". It is recommended to also include relevant secondary CAEN codes, such as 7912 (Activities of tour operators) or 7990 (Other reservation and tourist assistance services). After registration, obligations include filing annual financial statements and updating data in case of change of registered office or administrators.

Regulatory framework, specific approvals and control institutions

The conduct of travel agency activities is strictly regulated by Government Ordinance no. 2/2000 on the commercialization of travel package services and individual tourist services, as subsequently amended. The agency must obtain a tourism license from MEAT, which is granted after verifying the conditions: own or rented commercial space, technical equipment, qualified personnel (at least one employee with studies in tourism or relevant experience) and the establishment of a financial guarantee (bank guarantee letter or insurance policy) in favor of clients. Compliance with the conditions is checked by the National Authority for Tourism (ANT), which may carry out unannounced inspections. Also, the agency must register with the Trade Register with the mention "travel agent". For organizing excursions with accommodation or transport, additional provisions on consumer protection and civil liability apply. Failure to comply with the licensing obligation entails contraventional sanctions, including the suspension of activity.

Fiscal management, ANAF audit risk and specific accounting

From a fiscal perspective, travel agencies are subject to corporate income tax or micro-enterprise income tax, depending on turnover and number of employees. The RO e-Factura system is mandatory for all invoices issued in B2B relationships starting from 2024. At establishment, the tax registration declaration (Form 010) is submitted and the tax vector is requested. VAT is applied at the standard rate (19%) on the agency's commissions and margins, but there are particularities related to the application of the margin scheme for travel packages provided by third parties (according to OUG 2/2000). Accounting must distinctly record income from commissions and costs of packages sold. The ANAF audit risk manifests itself especially through verifying the reality of operations: the existence of contracts with suppliers (hotels, carriers), the correctness of applying the VAT rate and compliance with reporting deadlines. It is recommended to keep all supporting documents (invoices, airline tickets, accommodation confirmations) for a period of 5 years. Non-declaration of income or improper use of the margin scheme may lead to fiscal reclassifications and penalties.