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08
June
2019

Operating as an NGO or Public Entity

June 8, 2019
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Registration

Registration of NGOs and similar organizations Nonprofit organizations register with the tax administration after having previously completed registration, in accordance with the relevant legislation (establishment, court registration, special licenses if required). Registration is done online via the “Application for the registration of a taxable entity” on the e-albania portal. In this case, the completed application and the relevant documentation will be sent electronically to the tax electronic system addressed to the respective DRT, which will review the registration application and, as appropriate, issue a refusal or approval of the application. The documentation to be submitted for registration with the Tax Administration, according to Instruction No. 24, dated September 2, 2008 “On Tax Procedures in the Republic of Albania,” is as follows:
  • The Court Decision, the Statute, and the notarized Act of Establishment;
  • A photocopy of the ID Card or Passport of the administrator or legal representative;
  • Authorization for the person assigned to perform the registration (if done via authorization);
  • Data regarding the ownership of the headquarters (lease agreement or ownership title);
  • The completed registration form.
The respective regional tax directorate, after verifying the submitted data, approves the registration within 2 business days and generates the corresponding NIPT, issuing the registration certificate. The registration certificate is sent to the individual immediately to their e-albania electronic account or by one of the other legal means of communication with the taxpayer. Upon receiving the NIPT certificate, the entity is also provided with the password that will be used for online filing. In cases where it is determined that a taxpayer is operating without registering with the tax authorities, they are penalized by the tax administration in accordance with the provisions of Law No. 9920, dated 05/19/2008, “On Tax Procedures in the Republic of Albania,” as amended. Changes in Registration Changes executed via Court Decision include:
  • Registered office address (Headquarters);
  • Leadership (Board/Administrator);
  • Entity Name;
  • Legal Form.
The changes made by the Tax Administration are:
  • Reflecting the changes made via Court Decision;
  • Opening/closing secondary addresses and issuing the respective certificates;
  • Modifying tax responsibilities (adding/removing).
All of the above changes are carried out online on the e-Albania portal through the “Notice of changes to registration“The respective regional tax directorate, after verifying the submitted data, approves or rejects the registration within two business days. When a taxpayer fails to update the information within 15 days from the date of a change of address, administrator, type of activity, etc., they are penalized by the tax administration in accordance with the provisions of Law No. 9920, dated May 19, 2008, “On Tax Procedures in the Republic of Albania.” Registration of Public Entities (Central and local, as well as project implementation units) Public Entities are registered with the tax administration after a decision on their creation has been made, in accordance with the relevant legislation. The documentation submitted for registration with the Tax Administration, in accordance with Instruction No. 24 dated September 2, 2008 “On Tax Procedures in the Republic of Albania,” is:
  • Written request;
  • Legal basis of establishment;
  • Appointment document of the administrator or legal representative, along with a photocopy of their ID Card or Passport;
  • Authorization for the person assigned to perform the registration;
  • The completed registration form.
  • Data regarding the ownership of the headquarters (lease agreement or ownership title);
  • Upon receiving the NIPT certificate (Unique Identification Number), the entity is also provided with a password to be used for online declarations.
Changes in Registration Changes executed via decisions or sub-legal acts include:
  • Registered office address (Headquarters);
  • Leadership (Board/Administrator);
  • Entity Name;
The changes made AT are:
  • Reflecting the changes made via the aforementioned decisions;
  • Opening/closing secondary addresses and issuing the respective certificates;
  • Suspension/Reactivation of Activity
  • Modifying tax responsibilities (adding/removing).
When a taxpayer fails to update information in the event of a change of address, administrator, type of activity, etc., they are penalized by the Tax Administration in accordance with the provisions of Law No. 9920 of May 19, 2008 “On Tax Procedures in the Republic of Albania,” as amended.

Switching to passive status and reactivation

Transition to passive status and reactivation for NPOs The transition to passive status for NPOs is done at the request of the entity or by the Tax Administration when legal conditions are met. At
  • At the request of the data subject—when the latter decides to discontinue processing for a period of more than 12 months or indefinitely.
  • By the Tax Administration, in the event that the entity submits declarations with no activity (zero) or when it does not declare for a period of more than 12 consecutive months.
  • For the entire period the entity remains in “Passive” status, it is not required to file tax returns (return generation is automatically suspended).
Reactivation of the taxpayer occurs in cases when:
  • It is requested by the taxpayer for reasons of restarting the activity.
  • The entity is found working by the field structures of the Tax Administration.
  • In cases where the taxpayer carries on activity even though they are in “Passive” status, they are penalized by the Tax Administration in accordance with the provisions of Law No. 9920, dated May 19, 2008, “On Tax Procedures in the Republic of Albania.”
Transition to passive status and reactivation of Public Entities The transition to passive status of Public Entities is done at the request of the entity or by the Tax Administration when legal conditions are met.
  • At the request of the entity – when the latter decides to interrupt the activity for a period of more than 12 months or indefinitely.
  • By the Tax Administration – in the event that the entity submits declarations with no activity (zero) or when it does not declare for a period of more than 12 consecutive months.
  • For the entire period that the entity is in "Passive" status, it has no obligation to submit tax declarations (the generation of declarations is interrupted automatically).
Reactivation of the taxpayer occurs in cases when it is requested by the taxpayer for reasons of restarting the activity.

Deregistration

De-registration of Non-Profit Organizations To de-register an NPO, the following steps are followed:
  • The taxpayer applies to the Court to initiate the de-registration procedure.
  • Upon receiving notification from the court, the Tax Administration verifies the taxpayer's compliance with his legal obligations (declarations and payments).
  • The Tax Administration notifies the Court of the above (confirms or disputes the deregistration).
In the event of an objection by the Tax Administration, the Court does not proceed with the entity's deregistration until the entity has settled its obligations. Upon confirmation from the Tax Administration, the Court proceeds with the entity's deregistration, and its decision is used by the Tax Administration to finalize the deregistration in the Tax System. The date of deregistration in the Tax System is the date set forth in the Court's Decision. De-registration of Public Entities To de-register a Public Entity, the following steps are followed:
  • Upon receiving the decision or sub-legal act for the closure of a Public Entity, its representative submits the decision to the tax authorities.
  • The Tax Administration verifies the taxpayer's status regarding compliance with legal obligations (returns and payments).
  • The Tax Administration confirms or opposes the de-registration depending on the fulfillment of these legal obligations.
In case of an objection, the Tax Administration will not proceed with the entity's deregistration until the tax obligations are settled. In case of confirmation, the Tax Administration proceeds with the entity's deregistration from the Tax System. The date of deregistration from the Tax System is the date the Decision is issued. Source: General Directorate of Taxes.

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About the author

Andi Haxhillari is an economist and the founder of AlProfit Consult, an accounting, tax advisory, and financial management firm in Tirana, established in 2015. He holds the professional title of Certified Accountant, certificate no. 359, issued by the Certification Authority of the Ministry of Finance on July 4, 2012. He graduated with a Master's degree in Accounting and as a General Economist from the Faculty of Economics at the University of Tirana. For more than ten years, he has worked as an external economist for small and medium-sized businesses in Albania.

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