Attention to all taxpayers to keep the tax documentation

Based on the inspections conducted on the business site, the Tax Administration is concerned to observe that a part of the taxpayers, especially those registered in the Simplified Profit Tax (small business), partly keep or do not keep at all the tax documentations of purchases (tax invoice) related to goods in the inventory.

We would like to remind you that the Law No. 9920, dated 19/05/2008 “On tax procedures in the Republic of Albania”, has clearly defined the obligation of every taxpayer to keep the tax documentation, as well as the sanctions applied for offenders.

1) Pursuant to Article 58 of the law, the taxpayers that keep, trade, use or transport goods, shall possess the required tax documents, which certify the ownership or control over these goods and upon request from the Tax Administration officials, shall make these documents available to them.

2) Pursuant to Article 51 of the law, the buyer shall be obliged to ask for the tax invoice upon making a purchase.

In case when the taxpayer keeps goods that are not accompanied with a tax invoice, the following procedure shall be implemented:

1. a) The taxpayer of the Simplified Profit Tax that is not registered for VAT, shall have his tax liability immediately changed upon observation, thus becoming a VAT taxpayer. If the taxpayer uses simple tax invoices, he shall issue a simple tax invoice pursuant to Article 53 of the law in order to document the goods.

This invoice shall be attached to the observation-act and the respective minutes, and it shall bear the number and date of the observation-act and respective minutes.
This taxpayer shall be equipped with VAT tax invoices as soon as his VAT liability becomes active.

1. b) The taxpayer registered for VAT shall document the goods by issuing a VAT tax invoice pursuant to Article 53 of this law, but without calculating the VAT. Such invoice shall not be a document to be recognized as a deductible expense as long as it is a document issued under conditions of observed violation. Apart from the identifying data, date, number of the observation-act and respective minutes, the invoice shall clearly identify the description of the goods and their quantity.

c) Pursuant to Article 124, paragraph 1 of the law, a fine shall be imposed on the taxpayer that is equal to 100 percent of the undeclared taxation, as calculated by the Tax Administration.