Business lifecycle

Registration
Legal Reference:

• The Law no. 9723, dated: 03.05.2007, "On Business Registration", as amended.
• The Law no. 9901 dated: 14.04.2008, "On Entrepreneurs and Companies", as amended.

The primary obligation, to any natural or legal person seeking to exercise a commercial activity in the Republic of Albania, is its registration at the National Business Center (NBC).

Subjects obliged to register in the commercial register maintained by the NBC are:

1. The natural persons who carry out an economic and commercial activity;
2. The Simple partnerships, according to the Civil Code;
3. The Corporations;
4. The Branches and representative offices of foreign companies;
5. The companies and unions of savings and credit;
6. Any other subject, whom is required to be registered based on the Albanian legislation

The subjects registered based on the Law no. 9723, dated 3.5.2007 "On the Registration of Business” as amended, are provided with the unique identification number (NUIS / TIN), which is electronically generated. The registration in the commercial register, constitutes, also their simultaneous registration at the central and local tax administration, social security and health care scheme, as well as at the labor inspectorate.

The registration is made at all counters of the NBC or online through the e-Albania platform. More information click here.

What is required for the initial registration?

• The application form;
• The Submission of the application for registration at the NBC;
• The accompanying documents.

The list of the accompanying documents for registration can be found at any service counters, or on the official website of the NBC.

The NBC, once the application is approved, electronically notifies the tax authorities (central and local) for the registration of a new subject for tax purposes and electronically transmits the subject’s data (NUIS / NIPT etc.).

Changes during the business lifecycle
Legal Reference:

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

Any person who carries out the initial registration has the obligation to notify any changes in the declared data and the accompanying documents submitted in the commercial register maintained by the National Business Center. For more information on changing the data, and the list of accompanying documents, click here.

Closing a business (deregistration)
Legal Reference:

• The Law no. 9920, dated 19.05.2008, "On Tax Procedures in the Republic of Albania", as amended.
• The Law no. 9723, dated 03.05.2007, "On Business Registration", as amended.
• The Law no. 9901, dated 14.04.2008, "On Entrepreneurs and Companies", as amended.

The closing of a business is preformed through the application for deregistration. The subjects are deregistered from the commercial register in the cases provided by the legislation in force, for the dissolution and nullity of the legal persons, the dissolution of simple partnerships, in the case of termination of activity of a natural person, and in any other case provided by the legislation in force

The deregistration is made:

• voluntarily by the subject;
• based on a final judicial decision;
• foreseen by special laws

For more information on the application procedure at the NBC, click here.

Deregistration of taxpayer
The persons registered with the tax authority may be deregistered in the following cases:

• The natural and legal persons under the provisions of the Law "On Business Registration", as amended;
• The Non-profit organizations, according to the court decision;
• The tax representative, by fulfilling the tax liability as such;
• The persons who, under the law on bankruptcy, have been declared bankrupt by a final court decision;
• The public legal persons, based on the legislation in the field that determines their activity.

The National Business Centre or the court, immediately upon receiving a request for deregistration from the taxpayer notifies the responsible tax authority for the registration of the opening of liquidation procedure, or for the request for deregistration of the natural person, persons or for the application for deregistration of the legal person, even when the application for deregistration is made without the performance of liquidation.

The competent tax authority within 10 days from the date of filing of the request, is obliged to verify the tax situation of the subject, and simultaneously to notify the NBC, or the court and subject.

When the tax organ, based on the risk analysis, deems it necessary to exercise a control at the premises in which operates the subject, then this deadline cannot be more than 30 days, including the execution of the control.

The National Business Center or the court cannot perform the deregistration, if within the above 30 days, the tax administration opposes the deregistration in writing.

The rejection of deregistration of taxpayer from the tax administration shows the amount of unpaid taxes of the taxpayer and, and in the case of a legal person, the fact that it did not submit the closing financial statements of the activity until the liquidation, or has not submitted the tax declarations.

In case the subjects registered at the National Registration Center or court, result with tax liabilities, they are automatically deregistered if they have paid all the tax liabilities, including the liabilities arising in case of deregistration performed with liquidation.

When the tax organs reject the deregistration as a consequence of the failure to submit the financial statements or tax declaration, then upon their submission, the competent tax authority is obliged to withdraw the rejection for the deregistration, and the National Business Centre performs immediately the deregistration of the taxpayer.

Nevertheless, if despite the performance of the obligations, for which was rejected the deregistration, the competent tax authority has not withdrawn the rejection, then the subject shall submit to the National Business Center the document proving the performance of these obligations. In this case, the National Business Center immediately performs the deregistration of the subject, and shall immediately inform the competent tax authority and the taxpayer

Attention: The tax deregistration does not eliminate the existing tax liabilities, and does not prevent the tax administration to assess or collect taxes. For each procedure that the tax organ and the NBC perform according to this article, since the beginning of the deregistration procedure, up to the final deregistration, are notified at the same time the taxpayers.

The deregistration date of the taxpayer on the tax administration is the deregistration date at the NBC or court.

The deregistration date of, the self-employed persons with a commercial or street vendor service, of the head of household that employs individuals as housekeepers, caregivers, etc. of this nature, tax representatives and farmers, is the date of their deregistration approval by the tax administration, but with effect on the date of application for the deregistration.