Cikli i jetës së një biznesi #2

Initial Registration

Law No. 9723, dated 03.05.2007, "On Business Registration," as amended.
Law No. 9901, dated 14.04.2008, "On Entrepreneurs and Commercial Companies," as amended.

Legal Requirement:

The primary obligation for any natural person or legal person seeking to conduct commercial activity in the Republic of Albania is to register with the National Business Center (QKB).

Entities required to register in the Commercial Register maintained by QKB include:

1. Natural persons exercising commercial economic activities;
2. Simple partnerships according to the provisions of the Civil Code;
3. Commercial companies;
4. Branches and representative offices of foreign companies;
5. Savings and loan associations and their unions;
6. Any other entity for which registration is mandatory under Albanian legislation.

Entities registered under Law No. 9723, dated 3.5.2007, “Për Regjistrimin e Biznesit, i ndryshuar”, pajisen me numër unik identifikimi (NUIS/NIPT) të gjeneruar elektronikisht. Regjistrimi në regjistrin tregtar përbën, gjithashtu, regjistrim të njëkohshëm të tyre pranë administratës tatimore, qëndrore dhe vendore, në skemën e sigurimeve shoqërore e shëndetësore dhe pranë inspektoratit të punës.

Registration is carried out at all QKB service windows or online on the e-Albania platform. For more, click here. klikoni këtu.

What is required for initial registration?

• Application form;
• Submission of the application for registration at QKB;
• Supporting documents.

You can find the list of supporting documents for registration at the service windows or on the official website of the QKB. faqen zyrtare të internetit të QKB-së.

After the application is approved, QKB electronically notifies the tax authorities (central and local) about the registration of a new entity for fiscal purposes and electronically transmits the entity's data (NUIS/NIPT etc.).

Changes During the Business Cycle

Law No. 9723, dated 03.05.2007, "On Business Registration," as amended.
Law No. 9920, dated 19.05.2008, "Tax Procedures in the Republic of Albania," as amended.

Legal Requirement:

Every entity that performs an initial registration also bears the obligation to register every change in the notified data and in the supporting documents that are deposited in the commercial register maintained by the National Business Center. For more information on the change of data as well as the list of supporting documents, click here.

Closing a Business (Deregistration)

Law Nr. 9920, datë: 19.05.2008"Tax Procedures in the Republic of Albania," as amended.
Law No. 9723, dated 03.05.2007, "On Business Registration," as amended.
Law Nr. 9901, datë: 14.04.2008"On Entrepreneurs and Commercial Companies," as amended.

Legal Requirement:

The closing of a business is done by means of an application for deregistration. Entities are deregistered from the commercial register in cases provided by the legislation in force, for the dissolution and invalidity of legal persons, the distribution of a simple partnership, in cases of the termination of the exercise of activity by a natural person, as well as in any other case provided by the legislation in force.

Deregistration is performed:

• voluntarily by the entity;
• based on a final court decision;
• according to the provisions of special laws.

For more information on the application procedure at QKB click here.

Deregistration of the Taxpayer

Persons registered with the tax authority may be deregistered in the following cases:

• natural and legal persons, pursuant to the provisions of the law "On Business Registration," as amended;
• non-profit organizations, based on a court decision;
• the tax representative, upon fulfillment of the tax obligation as such;
• persons who, according to the bankruptcy law, have been declared bankrupt by a final court decision;
• public legal persons, in accordance with the legislation of the field that determines their activity.

The National Business Center or the court, immediately upon receiving the request for deregistration from the taxpayer, notifies the competent tax authority regarding the registration of the opening of liquidation procedures, or the request for deregistration of a natural person, or the application for deregistration of a legal person, including cases involving an application for deregistration without performing liquidation.

The competent tax authority, within 10 working days from the date of the request for deregistration, is obliged to verify the tax status of the entities and simultaneously notify the QKB or the court and the entity.

When the tax authority, according to a risk analysis, deems it necessary to exercise a field audit at the premises where the entity conducts its activity, then this period cannot exceed 30 working days, including the performance of the audit.

The National Business Center or the court cannot perform the deregistration if, within the aforementioned 30-day period, the tax administration objects to the deregistration in writing.

The objection to the taxpayer’s deregistration by the tax administration shall indicate the amount of the taxpayer’s unpaid tax liabilities and, in the case of a legal person, the fact that it has not submitted the financial statements for the closing of the activity up to the moment of liquidation, or has not submitted the tax declarations.

In cases where entities registered with the National Business Center or the court result with tax liabilities, they are automatically deregistered after having paid all tax liabilities, including liabilities arising in cases where deregistration is carried out through liquidation.

In cases where the objection to deregistration by the tax authorities was made as a result of the failure to submit financial statements or tax declarations, then, upon their submission, the competent tax authority is obliged to immediately withdraw the objection to deregistration, and the National Business Center shall perform the deregistration of the taxpayer immediately.

If, despite the settlement of the liability for which the deregistration was objected, the competent tax authority has not withdrawn the objection, then the entity shall present to the National Business Center the document proving the settlement of these tax liabilities. In this case, the National Business Center performs the deregistration of the entity immediately and notifies the competent tax authority and the taxpayer immediately.

Tax deregistration does not eliminate existing tax liabilities and does not prevent the tax administration from assessing or collecting tax debts. For every procedure performed by the tax authority and the QKB, according to this article, from the start of the deregistration procedure until the final deregistration, the taxpayers are notified simultaneously.

When a taxpayer holds the status "Application for deregistration," they can generate the final payroll even in the middle of a tax period through e-filing.

The date of the taxpayer's deregistration within the tax administration is the date of deregistration at the QKB or the court.

The date of deregistration for self-employed persons in commercial activities or street vending, for the head of a household employing individuals as domestic workers, caregivers, etc. of this nature, for tax representatives, and for farmers is the date of approval of their deregistration by the tax administration, but with effect as of the date of the submission of the request for deregistration.

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Source: General Directorate of Taxes.