Tax Appeal

What should we keep in mind when filing a tax appeal?

Where can we appeal against tax administration actions that we consider unfair?

The appeal is filed only with the Tax Appeals Directorate, which, since January 1, 2017, has been part of the structure of the Ministry of Finance and Economy.

What are the rules for filing an appeal?

1. You must have a document (sent by the tax administration) that affects the interests of the taxpayer (read below for what this document may be).
2. You must appeal within 1 month of becoming aware of the administrative act sent to you by the tax administration.
3. Within this month, you must pay or provide a bank guarantee for the liabilities contained in the assessment notice, along with the late interest calculated up to the payment date. Fines are neither prepaid nor subject to a bank guarantee.

Without these documents, the Appeals Directorate will reject the appeal.

What can we complain about?

• Any "Tax Liability Assessment Notice" sent to you by the tax administration that you consider unfair.
• Any other administrative act that affects the taxpayer's tax liability, including requests for compensation.
• Any act that affects the taxpayer's request for a tax refund.
• Any act that affects the taxpayer's request for tax relief.
• Errors made by the administration in calculating the late interest percentage may be appealed.
• The imposition of or errors in calculating the amounts and various types of fines.
• An appeal can also be filed against an omission (failure to act) by the tax administration that affects the taxpayer's tax liability.

Administrative measures related to the forced collection of tax liabilities, such as bank account blocking orders, notices and requests for payment, notices to third parties, and administrative acts related to the confiscation of goods, cannot be appealed.

What documents must be sent to the Appeals Directorate for the appeal?

1. A written request describing the taxpayer's claims. This request must include the taxpayer's name and address, the taxpayer registration number (NIPT), and must be signed at the end.
2. The administrative act issued by the tax administration.
3. Proof of payment of the tax liability and late interest (bank-processed payment order). In the absence of payment, a bank guarantee that covers the liabilities plus late interest.
4. Supporting information for the appeal, such as audit reports, minutes (records), acts of findings, etc.
5. Any other document that the appellant considers important for the fair resolution of the case.

How is the appeal submitted?

The appeal can be delivered in person or sent via registered mail. The date the appeal is received by the Tax Appeals Directorate is considered the date of protocol for appeals delivered in person, and the date of dispatch at the post office for appeals sent by mail.

The taxpayer must provide proof of the date they received the administrative act being appealed. Proof may include the envelope copy, postal registration records, etc.

Key issues to keep in mind during the appeal process:

1. During the review process, the Appeals Directorate may request additional documents, and the taxpayer is obliged to respond to the request.
2. The burden of proof to verify the contrary of the tax administration’s assessment lies with the taxpayer.
3. If the taxpayer has missed the appeal deadline, they must argue and prove with the necessary documentation that the delay was not their fault.
4. After a reinstatement of the deadline, the appeal must be filed within 15 days, rather than the 1 month allowed before the deadline was missed.
5. If the taxpayer wishes to be heard orally, they may request a hearing in their written appeal.

Where can we read the legal basis for appeals in more detail?

Law No. 9920, dated May 19, 2008, "On Tax Procedures in the Republic of Albania," from Article 106 to Article 110.

Instruction of the Minister of Finance No. 24, dated September 2, 2008 , "On Tax Procedures in the Republic of Albania," from paragraph 106 to paragraph 110.

Source: General Directorate of Taxes.