Albania: Changes in the tax deductibility of cross-border management and consulting fees

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Albania: Changes in the tax deductibility of cross-border management and consulting fees

albania-flag.jpg

A new law, which becomes effective April 30 2013, has made stricter the requirements for the tax deductibility of consulting, technical service and management fees invoiced from abroad.

Pursuant to the income tax law provision amendment, consulting, technical and management fees invoiced from abroad had been tax deductible to the extent the amount invoiced was paid during the fiscal year which the service referred to. Moreover, according to the Minister of Finance’s instructions, the amounts have also been tax deductible when the corresponding 10% withholding tax was paid to the tax authorities within the fiscal year of the service supply.

Pursuant to the new law, the tax deductibility of the relevant expense for technical and consultancy services and management fees becomes dependent not on the payment of the invoice, but on the payment of the withholding tax to the tax authorities which will have to take place before December 31 of the year in which the service was provided. Therefore, local entities will need to communicate with their foreign service providers, whether affiliates or third parties, requesting to receive invoices or at least pro-forma invoices well in advance of December 31 of the year the service was rendered and plan to effect the corresponding withholding tax payment before year-end.

In case of an applicable tax treaty protecting the relevant income from being subject to Albanian withholding tax at the standard 10% rate, the local entity will have to communicate with the foreign service provider to receive the complete file of supporting documents for filing the tax treaty relief claim with the Albanian Tax Authorities several months before the calendar year-end, which the service refers to. Otherwise, it may risk not obtaining the tax treaty relief clearance on time and thus to have to withhold and pay tax at 10% on the invoiced amount to ensure the tax deductibility of the expense. Under the old provisions, settlement of the invoice was sufficient, which could be followed by initiating the tax treaty relief procedure in a subsequent year. Pursuant to the new rule, unless tax treaty relief has been previously applied for and obtained, the failure to withhold the 10% tax on the relevant cross-border consulting, technical service and management fees before the year-end causes the relevant expense not to be tax deductible.

Jona Bica (Jona.Bica@al.ey.com) is a tax senior at Ernst & Young, principal Corporate Tax correspondent for Albania.

more across site & shared bottom lb ros

More from across our site

The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were at £283.7m, would become part of a £1.23bn firm post combination
China and a clutch of EU nations have voiced dissent after Estonia shot down the US side-by-side deal; in other news, HMRC has awarded companies contracts to help close the tax gap
An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
CIT as a proportion of total tax revenue varied considerably across OECD countries, the report also found, with France at 6% and Ireland at 21.5%
Erdem & Erdem’s tax partner tells ITR about female leader inspirations, keeping ahead of the curve, and what makes tax cool
ITR presents the 50 most influential people in tax from 2025, with world leaders, in-house award winners, activists and others making the cut
Cormann is OECD secretary-general
Gift this article