Rules and procedures for goods write-offs.

Destruction of obsolete goods

In implementation of Article 79 of the law No. 92/2014 “On Value Added Tax in the Republic of Albania”, As amended, no adjustment of the VAT deduction shall be made for the removal of goods from use because they are unusable or have expired, as proven or confirmed in accordance with the relevant legal and regulatory procedures.

Warning!

If the taxable person receives compensation for goods under an insurance policy, for goods to which the deductible VAT adjustment does not apply, then on the compensation amount the taxable person calculates VAT. The taxable value in this case is the amount received minus the applicable VAT.

If the taxable person does not document the absence of goods in accordance with the procedure set out below, such goods shall be considered sold.

 Procedure for the withdrawal of goods from use

The taxable person must keep a record of goods taken out of use. To carry out this procedure correctly, the taxable person must:

I. No later than 5 calendar days before the date of taking the goods out of use, submit a written notification to the Regional Tax Directorate where it is registered and provide information on:

1. The list of goods that will render obsolete,
2. The reasons for taking each item out of service and
3. The number of units/quantity of goods,
4. The purchase price of each of the goods;
5. The value of goods;
6. The date on which this process will be carried out.

II. The Regional Tax Director assigns two inspectors to participate in this process, who keep a record for this purpose, confirmed also by the taxpayer's representative and other persons present during this process.

III. A copy of all documentation maintained during the decommissioning process is sent to the Regional Tax Directorate.

IV. This process is not accompanied by a tax invoice. If the above procedure is not followed or the tax inspectors oppose the taxable person's request or, in the event of an audit, find that the person has acted in violation of the legal tax provisions or of the specific laws of the sector in which they operate, then he is required to adjust the VAT deducted on the goods in accordance with the law.

 Other cases of damage or destruction of property

Destruction of the taxable person's property for natural causes such as earthquakes, floods, fires, etc., in cases of civil emergencies under the relevant legislation, or due to accidents that are verifiable and documented by the respective public institution, is not subject to adjustment of the deducted VAT.

When goods are damaged or destroyed by an accident, no adjustment of the deductible VAT relating to the damaged or destroyed goods is made if the taxable person documents:

1. A description of the damaged or destroyed goods, including the number of units or quantity of each type of goods.;
2.  Documents or evidence of the purchase of goods and the price at which the goods were purchased;
3. The relevant report from the competent authority confirming that the goods have been damaged or destroyed, as well as the manner (event) in which the goods were damaged or destroyed.;
4. The date on which the goods were damaged or destroyed.

Source: General Directorate of Taxes.

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