8540

Authorization procedure and Trade Register aspects for CAEN 8540

For CAEN code 8540 (higher education), company incorporation at the Trade Register (ONRC) requires compliance with special conditions, including obtaining an operating permit from the Ministry of Education. Upon registration, a sworn declaration according to Law 359/2004 is submitted, whereby the administrator confirms compliance with the legal operating conditions. The main object of activity must conform to the nomenclature, and the registered office must be a space equipped with lecture halls and laboratories. If a fire safety authorization is required, the ISU approval is submitted. ONRC verifies the existence of these documents but does not check the academic content; that is the responsibility of ARACIS and the Ministry of Education.

Regulatory framework, specific approvals and control institutions

Higher education activity is regulated by the National Education Law no. 1/2011 and Law no. 88/2023 regarding the organization of university studies. To operate legally, the institution must be accredited by ARACIS, and study programs must be provisionally authorized or accredited. An operating permit from the Ministry of Education is required, as well as a sanitary approval from the DSP and ISU approval for premises. Control is exercised by the Ministry of Education, ARACIS, the Tax Authority (ANAF) through tax inspections, and the Territorial Labor Inspectorate regarding labor relations. The National Authority for Qualifications (ANC) validates qualifications and occupational standards.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, companies with CAEN 8540 are liable for corporate income tax, and VAT is applied to educational services at a reduced rate of 5% or the standard rate of 19%, depending on the type of income (tuition fees, consultancy, etc.). Income from tuition fees is not VAT-exempt but may benefit from the reduced rate if provided by authorized institutions. Tax obligations include filing declarations 100, 300 and 406 (RO e-Factura system) for issued invoices. Accounting is kept on a double-entry basis, with separate records for income from teaching activities, research and related services. If the university operates dormitories or canteens, specific rules apply for VAT on accommodation and catering. ANAF checks subsidies, sponsorships and deductible expenses (scholarships, salaries, operating expenses). The risk of audit increases in the case of undeclared income from fees, online courses or other educational services. The consultant's recommendation is to have a specialized tax assistance contract and to keep authorization documents with ARACIS constantly updated.

From a personnel perspective, employees with individual employment contracts (teaching staff, administrative personnel) are registered in REVISAL and pay the corresponding contributions. For collaborations with external lecturers, withholding tax on income and social contributions (CAS, CASS) apply according to the Fiscal Code. The Single Declaration is completed for income from independent activities of teaching staff. Public or private higher education institutions must comply with the public procurement regime for EU-funded projects, and in the case of private ones, they must separately disclose their own funds from those received from the budget.