When a taxable person supplies goods or services, this supply is considered to be made for a consideration if the supplier directly from the person supplied, or indirectly from another person meeting the payment for the supply or the supplied person, receives payment.
has the right to receive payment, regardless of whether this payment is in cash or in kind. Law no. 92/2014, dated 07.24.2014 “For Value Added Tax in the Republic of Albania”, unchanged, places within the scope of VAT by defining them as
statuesque
- Supplies of goods carried out for payment, by a taxable person acting as such;
- Supplies of services performed for consideration, by a taxable person acting as such.
The supply of goods and the supply of services as part of economic activity, carried out for consideration, are subject to VAT. Transactions carried out for consideration include all elements included in the supply, when the buyer of the goods or
the service recipient pays a consideration, whatever its value or nature (money, supplied goods or services provided, etc.) and are used in the economic activity of the taxable person himself (supply of services), for:
- For his or his staff's private purposes, for purposes other than those of his economic activity;
- It is transferred for private use when no longer carrying out economic activities (to be deregistered);
- Services are provided free of charge for personal or staff needs or for purposes other than those of his business.
Warning!
Supplies under which the taxable person treats goods or services of the business as for private use and not for the purposes of the activity are considered supplies for payment for VAT purposes.
Payment on order is also applied to the operation by which the taxable person receives goods (supply of goods) or services from the goods, elements, or means belonging to and used by their economic activity, for use for
the purposes of a non-fully deductible VAT activity, in the case where the right to deduct VAT on this good or service, if it were purchased by another taxable person, would not be exercised.
Self-sufficiency
The taxable person is considered to have made a self-supply of goods and services on the condition that these goods and services are used for the purposes of the taxable person's taxable, non-exempt economic activity and for the needs of his business, goods or services performed within and for the purposes of his taxable economic activity.
These goods or services are treated as taxable supplies for the purpose of taxable economic activity, applying VAT deductibility. For this, the taxable person issues an invoice for the supply as the supplier of the good or service, and in it
the same time as a buyer of this supply for taxable business needs.
Warning!
Self-supply applies only when we are dealing with a taxable supply and for the purposes of use in the taxable activity.
The supply of used goods for purposes other than those of the economic activity are taxable with VAT even if the enterprise has produced or built them itself, or has purchased them and supplied them in that condition. When a good or service purchased by the enterprise or created with the enterprise's means is used for purposes other than those of the enterprise, but the VAT paid on the purchase of the goods or means is not deductible, it will consequently not be considered a supply for consideration.
Closure of taxable economic activity
Closure of activity generally means abandonment, termination of the entirety of industrial or commercial activity due to the final closure of the enterprise, either by voluntary dissolution of the company or within the framework of a judicial procedure. Investment goods (assets) on hand at the date of cessation of activity are subject to deductible VAT regulations if they have not been sold. For VAT purposes, cessation of activity is considered to occur on the date when stocks (inventory) are transferred (sold), or on the date when all movable capital goods are transferred (sold) or are taken out of use if such a procedure was necessary to implement. Movable investment goods on hand transferred for private use during
the cessation of the taxable person's activity, are subject to the regulation of previously deducted VAT, if these goods were eligible for full or partial VAT deduction.
Full publication on the official DPT website https://www.tatime.gov.al/c/8/222/401/furnizimet-e-mallrave-dhe-sherbimeve-te-kryera-kundrejt-pageses