The obligation to use a cash register is laid down in Government Emergency Ordinance no. 28/1999 on the obligation of economic operators to use electronic fiscal cash registers, republished, and Government Decision no. 479/2003 on the approval of the Methodological Norms for the application of Government Emergency Ordinance no. 28/1999 on the obligation of economic operators to use electronic fiscal cash registers, republished.
The legislative framework in force requires the use of electronic fiscal devices for the recording of financial transactions in the case of most commercial entities that deliver goods to the public and/or provide services to the public on a current basis. This obligation becomes effective from the moment commercial transactions are initiated at each point of work of the economic operator.
The cash register is an electronic device used for recording sales made in the establishment owned by the owners of shops, saloons, restaurants or other types of commercial operations. The cash register records transactions at the business level, issuing a sales receipt that is given to the customer.
The cash register should be chosen according to several criteria related to the economic activity carried out: the number of receipts expected daily, the number of items that will be in the cash register, the prices of consumables, etc. However, in order to be able to issue the tax receipts, the cash register will have to be taxed.
In order to fiscalize the cash register, the following data of the economic operator will be entered in it: the fiscal series belonging to the cash register and the company data company name company address work point unique registration code or tax identification code (CIF). This fiscalization is done by ANAF by assigning a unique identification number (NUI). According to the legislation in force, economic operators will also be obliged to connect the cash registers to the ANAF computer system, according to art. 31, para. (4) of GEO 29/1999 republished. Failure to connect to the system may lead to penalties in the form of a fine, provided for in Article 11 of the same ordinance.
There are also some exceptions to the obligation to have and use a cash register. These are expressly provided for in art. 2 of GEO no. 28/1999, among which, by way of example: the occasional sale of own agricultural products by authorized individual producers, in locations such as markets, fairs or other approved public places, the sale of newspapers and magazines through specialized intermediaries, local public transport and metro services, using tickets or passes printed in accordance with the regulations in force, financial and insurance services, with the exception of currency exchange operations for individuals carried out outside credit institutions, activities carried out as liberal professions, without involving the establishment of a commercial company, etc.
Pay attention to the situation where the cash register breaks down or to the case of activities exempted from the obligation to use electronic fiscal cash registers for which the price is collected in cash. In these particular cases receipts will be mandatory.
Therefore, all economic operators who deliver goods to the public and/or provide services to the public on a current basis and who are not among the exceptions in art. 2 of GEO 28/1999 will be obliged to have a cash register.
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