Prishtina GMT
EY
Pashko Vasa 16/7 – Pejton
10000 Prishtina
Kosovo
Indirect tax contacts
Milen Raikov +359 (2) 81-77-100 (resident in Sofia, Bulgaria) milen.raikov@bg.ey.com
Anisa Jasini +355 (4) 241-9575, Ext.131 (resident in Tirana, Albania) anisa.jasini@al.ey.com
A. At a glance
Name of the tax Value-added tax (VAT)
Local name Tatimi mbi Vleren e Shtuar (TVSH)
Date introduced 31 May 2001
Trading bloc membership Customs-free access to the EU market based on the EU Autonomous Trade Preference (ATP) Regime Central European Free Trade Agreement
Administered by Tax Administration of Kosovo (TAK)
VAT rates
Standard 18% Reduced 8% Other Zero-rated (0%) and exempt
VAT number format 1234567890
VAT return periods Monthly Thresholds
Registration
Supply of domestic goods Annual turnover of EUR30,000 Exporters and importers None
Recovery of VAT by non-established businesses No
B. Scope of the tax
VAT applies to the following transactions:
• The supply of goods and services performed by a taxable person in Kosovo
• Importation of goods in Kosovo, regardless of the status of the importer
• Services supplied to taxable persons in Kosovo by service providers whose place of business is outside Kosovo
• Certain supplies of services rendered by service providers whose place of business is outside Kosovo to nontaxable persons in Kosovo, such as digital services and services related to an immovable property located in Kosovo
C. Who is liable
Any person (entity or individual) who independently carries out any economic activity in a regu lar or non-regular manner, whatever the purpose or results of that economic activity, is liable to VAT.
Taxable activities also include “the exploitation of tangible or intangible property for the pur poses of obtaining income therefrom on a continuing basis.”
A taxable person established in Kosovo is obliged to register for VAT purposes and charge VAT when its annual turnover within a calendar year exceeds the threshold of EUR30,000. Any supply made by the taxable person after the threshold is exceeded must be subject to VAT. In this case, the taxable person is required to apply for VAT registration within 15 days after exceeding the threshold. Consequently, the part of the supply that exceeded the threshold will be taken into account for purposes of VAT in the first tax period after registration.
Every person who meets all conditions of the definition of taxable person in Kosovo but does not exceed the VAT registration threshold may voluntarily register for VAT. Persons involved in import or export activities and fixed establishments of nonresident persons must register for VAT regardless of the amount of turnover from the commencement of an economic activity in Kosovo.
Exemption from registration. The VAT law in Kosovo does not contain any provision for exemp tion from registration.
Voluntary registration and small businesses. Persons may voluntarily apply for VAT registration regardless of their turnover and must remain registered for a minimum of one year after the registration year.
Group registration. Group VAT registration is not allowed in Kosovo. Non-established businesses. A “non-established business” is a business that does not have a fixed establishment in Kosovo. No VAT registration threshold applies to taxable supplies made in Kosovo by a non-established business.
A non-established business must register for VAT in Kosovo by appointing a VAT representative if it engages in any of the following taxable supplies:
• Supply of goods located in Kosovo at the time of supply
• Supply of certain services to nontaxable persons in Kosovo, such as digital services and ser vices related to an immovable property located in Kosovo
• Import and export activities in Kosovo
Tax representatives. A non-established business must appoint a resident VAT representative to register for VAT purposes in Kosovo regardless of the amount of turnover, unless the reversecharge mechanism applies. The VAT representative may act on behalf of the taxable person for all purposes related to VAT and is jointly and severally liable for compliance with all VAT obliga tions of the non-established business.
If the recipient of the services supplied in Kosovo is a nontaxable person or a taxable non-regis tered person, the supplier of the service should also appoint a VAT representative to pay VAT in Kosovo.
Where the non-established business does not appoint a VAT representative in Kosovo, the nontax able person or the taxable non-registered person that is the recipient of the supplies will be liable for the VAT liabilities and penalties.
Reverse charge. The reverse-charge mechanism applies to supplies of services made by nonestablished business to taxable persons in Kosovo. A non-established business is not required to register for VAT if all its supplies in Kosovo fall under the reverse-charge mechanism.
Domestic reverse charge. A domestic reverse charge applies in Kosovo for supplies of construc tion works (including repair, cleaning, maintenance, alteration and demolition services in relation to the immovable property). Effectively, any supplies that are in line with the Law on Construction in Kosovo and are equipped with the relevant construction permits by the competent bodies are covered by this provision.
Digital economy. Kosovo follows the destination principle regarding cross-border digital services supplied to nontaxable persons in Kosovo. The place of supply of cross-border digital services to nontaxable persons is the place where the nontaxable person is established or where it has its permanent address or usually resides.
Nonresident providers of electronically supplied services for business-to-consumer (B2C) supplies are required to register and account for VAT in Kosovo. This is done by appointing a VAT representative in Kosovo to account for and pay the VAT liability. No VAT registration threshold applies.
The Minister of Finance may permit the use of a special scheme by any non-established taxable person in Kosovo supplying electronic services to a nontaxable person who is established in Kosovo or who has its permanent address or usually resides in Kosovo (i.e., B2C supplies). The information that the non-established taxable person must provide to TAK when they start a tax able activity must contain the following details: name; postal address; electronic addresses, including websites; national tax number, if any; and a statement that the person is not identified for VAT purposes in Kosovo. The non-established taxable person must notify TAK of any changes in the information provided.
At the time of preparing this chapter, the Ministry of Finance has proposed introducing a facili tated VAT registration for nonresident providers of broadcasting, telecommunications and elec tronically supplied services. However, this has not yet been finalized or implemented.
Nonresident providers of electronically supplied services for business-to-business (B2B) sup plies are not required to register and account for VAT in Kosovo. Instead, the customer is required to self-account via the reverse-charge mechanism (see the Reverse-charge subsection above).
Distance sales from foreign suppliers made to nontaxable persons in Kosovo are subject to import VAT, to be declared and paid by the customer. A VAT exemption at importation of goods applies for shipments with a value up to EUR22.
Online marketplaces and platforms. The same rules above apply for online marketplaces and platforms, i.e., the place of supply for services supplied by electronic means is the place where the nontaxable person is established or where it has its permanent address or usually resides. Services supplied electronically are considered those services that do not correspond either to the supply of movable tangible goods or to the supply of “traditional” services or telecommunica tions services.
Registration procedures. The application for registration cannot be done online. A person applying for VAT registration must personally or through an authorized person submit the VAT regis tration form with the respective regional office of the Tax Administration of Kosovo (TAK). The VAT registration application form is also available online.
The application must be accompanied by the following:
• A copy of the business registration documents
• The Certificate of the Fiscal Number and an official identification photo (passport, identity card, etc.)
The TAK determines whether to issue the VAT Registration Certificate or not within five work ing days from receipt of the application form, after ensuring that the information provided in the registration form is accurate and that the taxable person has complied with all tax obligations.
The business registration in Kosovo is handled by the Agency of Business. It operates an elec tronic data system as a simple and faster registration process for new businesses. This is realized by the connection with 29 municipal registration centers known as “One-Stop Shop.” After the registration process, the taxable person receives its registration and fiscal number administered by the tax authorities.
Deregistration. Every taxable person registered for VAT purposes may request to be deregistered if, over the last calendar year, the turnover fell below the VAT registration threshold. Taxable persons ceasing their economic activity are liable to request to be deregistered within 15 days from the termination of their activity. Deregistration enters into force two months after the date of the deregistration request.
Changes to VAT registration details. If there are any changes to a taxable person’s VAT registration details, relevant documents and forms need to be filed with TAK.
Any changes in the registration details of the taxable person need to be submitted within 15 working days before the change takes place. Some changes in the registration information may require the tax authorities to issue a new fiscal code.
Any changes in the registration information must be made through the “Fiscal Number Application Form” with an indication that this form has been submitted to change registration information. For example, in case of a change of the name or address of business, an online form should be completed and submitted along with a copy of the identity card of the shareholder(s) and the original business certificate. In case of a change in the form of company, the required documents include an online form, copy of the identity card of the shareholder(s), the original business certificate, certificate from the tax administration for change of business type and the agreement between the shareholders. The applications need to be made in person or through an authorized person.
D. Rates
The term “taxable supplies” refers to supplies of goods and services that are liable to a rate of VAT, including the zero rate.
The VAT rates are:
• Standard rate: 18%
• Reduced rate: 8%
• Zero-rate: 0%
The standard rate of VAT applies to all supplies of goods or services and imports, unless a spe cific measure allows a reduced rate or an exemption.
The use of goods or services purchased or produced in the course of business activity for private purposes, or other nonbusiness purposes, or their disposal free of charge (other than goods for business use as samples or as gifts of small value), must be treated as taxable supplies to the extent that the VAT on those supplies was deductible.
Some supplies are treated as “exempt-with-credit,” which means that no VAT is chargeable, but the supplier may recover the input tax.
Examples of goods and services taxable at 0% (i.e., exempt with credit)
• Export of goods
• International transport
• Supplies under diplomatic and consular arrangements
• The supply of goods or services to international and inter-governmental bodies
• Supply of gold to the Central Bank of Kosovo
• Related supply of services by intermediaries taking part in the above transactions
Examples of supplies of goods and services taxable at 8%
• Water, except bottled water
• Electricity, central heating, waste collection and other waste treatment
• Grains such as barley, corn, maize varieties, oats, rye, rice and wheat
• Products made from grain for human consumption
• Oils made from grains or oilseeds for use in cooking for human consumption
• Dairy and dairy products for human consumption
• Salt appropriate for human consumption
• Eggs for consumption
• Lending of books from libraries, including brochures, leaflets and similar printed materials; children’s picture books; drawing and coloring books; music printed texts and manuscripts; and maps, hydrographic charts and similar materials
• Textbooks and serial publications
• Information technology equipment
• Supply of medicines, pharmaceutical products, instruments, and medical and surgical devices
• Medical equipment, ambulances, aids and other medical devices to facilitate activity or treat a disability for exclusive use by the disabled, including the repair of such goods and supply with children’s vehicle seats
The term “exempt supplies” refers to supplies of goods and services that are not liable to VAT and that do not qualify for input tax deduction.
Examples of exempt supplies of goods and services
• Hospital services and medical care
• Education
• Health insurance, life insurance, reinsurance and related services performed by insurance bro kers and agents
• Financial services
• Welfare services
• Betting, lotteries and other forms of gambling
• Supply of land or land on which a building or house stands
• The supply of houses, apartments or other accommodations used for residential purpose, including garages and basements
• Leasing of immovable property
Option to tax for exempt supplies. The option to tax exempt supplies is not available in Kosovo.
E. Time of supply
The time when VAT becomes due (or a chargeable event occurs) is called the “time of supply.” VAT is due when one of the following events occurs:
• Supply of goods or services
• Issuance of an invoice in respect of a supply of goods or services before the goods or services are supplied
• Receipt of advance payment before the goods or services are delivered
Special rules apply to continuous supplies of goods or services, which are considered as being completed at intervals of one month. Long-term contracts including long-term construction contracts and long-term installation contracts must be regarded as completed at regular intervals but at least at the end of each calendar year.
Deposits and prepayments. When the payment is to be made or is made on account before the goods and services are supplied, VAT must become chargeable when payment is received.
In case of any amount paid or retained in form of a guarantee deposit in relation to the perfor mance of a supply of goods or service, VAT must become chargeable at the moment the deposit is received. In case the amount of deposit is returned to the customer, then the necessary adjustment should be made for VAT purposes.
Exemption from the above is granted to the guarantees deposited in a bank deposit account or to a third party, without the right of use. In such case, VAT must become chargeable at the moment the deposit guarantee is executed.
Continuous supplies of services. Supplies of goods and services performed on a continuous basis, within a period of time, including construction operations, must be deemed to have been made in the same month in which the invoice is issued.
Goods sent on approval for sale or return. There are no special time of supply rules in Kosovo for supplies of goods sent on approval for sale or return. As such, the general time of supply rules apply (as outlined above).
Reverse-charge services. The VAT is due on the reverse-charge services in the month when the foreign invoice is received by the customer in Kosovo. VAT is not due until the invoice is issued.
Leased assets. In cases of leased assets, the VAT becomes due at the time when the periodic monthly payments are invoiced to the lessee. In cases of a financial lease, the VAT becomes due at the time of each periodic payment and at the time of final payment for the sale of the asset if the option to buy the leased assets is exercised.
Imported goods. In the case of imported machinery and equipment, either new or secondhand that is used for business purposes and that fall under the Kosovo “Harmonized Nomenclature of Goods System,” the VAT is due at the time of import. However, payment of the VAT due may be postponed for a period of a maximum of 12 months from date of the import, provided that the VAT is declared as postponed import VAT in the VAT return and several conditions are met from the taxable person.
F. Recovery of VAT by taxable persons
A taxable person may recover input tax, which is the VAT charged on taxable goods and services supplied to the person for business purposes. A taxable person generally recovers input tax by deducting it from output tax, which is the VAT charged on supplies that he makes.
Input tax includes VAT charged on goods and services supplied in Kosovo, VAT paid on imports of goods and VAT applied to reverse-charge services.
The time limit for a taxable person to reclaim input tax in Kosovo is six years. The taxable per son’s right to claim a VAT refund or offset the VAT credit with output tax expires six years from the date such tax was paid.
Nondeductible input tax. Generally, input tax may not be recovered on purchases of goods or services that are not used for business purposes.
The following list provides examples of items of expenditure for which input tax is not deduct ible.
Examples of items for which input tax is nondeductible
• Expenditure on yachts and boats intended for sport and recreation, private aircraft, cars and motorcycles used not for business purposes and fuels, lubricants, spare parts and services closely linked thereto
• Expenditure as regards cars used for both private and business purposes, with the right to deduct input tax limited to 50%
• Expenditure for representation, which must include costs for entertainment and amusement during business or social contacts, food costs including drinks and accommodation costs
• Expenditure for immovable property forming part of a taxable person’s business assets that is used for both business and private purposes of the taxable person, used for its personnel, or used generally for nonbusiness purposes, with the right to deduct the VAT only to the extent that this property is used for business purposes of the taxable person
Examples of items for which input tax is deductible (if related to a taxable business use)
• Employee expenses
• Business use of phones
• Hotel accommodation
Partial exemption. If a supply of a good or service is used partly for purposes of taxable supplies and partly for exempt supplies, the taxable person may not deduct input tax in full. This situation is known as “partial exemption.” The calculation of the amount of input tax that may be recovered is made on a pro rata basis by using the following formula:
Amount of relevant input tax x turnover enabling VAT credit total annual turnover
Supplies of capital goods and the incidental supply of financial services are excluded from turn over for this purpose.
The pro rata of VAT must be determined on an annual basis as a percentage and must be round ed up to the next whole number.
The pro rata VAT calculation is tentatively based on the preceding calendar year’s results. It must be adjusted by 31 January of the following year in case of differences between the provisional pro rata and the actual pro rata. The pro rata is not based on the financial year of the company.
Special methods are allowed in Kosovo. Taxable persons are invited to use a pro rata for each individual activity of their business separately, provided they maintain separate accounts for each individual activity and notify the tax authorities of such special method.
Approval from the tax authorities is not required to use the partial exemption standard method in Kosovo. The adjustment of input tax deduction must be done through the VAT return, at the latest by January of the following year.
Capital goods. Capital goods are items of capital expenditure used for the production of other goods and services with a useful service life of one year or more and acquired for a cost price equal to or more than EUR1,000. The services that have the same attributes as the capital goods and of which the cost exceeds EUR20,000 should be considered as capital goods. Input tax is generally deducted in the VAT period in which the goods are acquired. If the business comprises both taxable and exempt supplies and the capital goods do not serve only taxable supplies, the amount of input tax recovered depends on the taxable person’s partial exemption recovery posi tion in the VAT year of acquisition. The amount of input tax recovered is adjusted over time if the taxable person’s pro rata changes during the adjustment period.
The capital goods adjustment applies to the following assets for the number of years indicated:
• Immovable capital assets: 10 years
• Movable capital assets: 5 years
The adjustment is applied each year following the year in which the goods were used for the first time, to a fraction of the total input tax (1/5 for movable capital goods and 1/10 for immovable capital goods).
The adjustment is not made if the value of the adjustment is less than 3% of the input tax amount.
Refunds. A taxable person may claim a VAT refund if the following conditions are met simultaneously:
• The taxable person carried forward the relevant amount as a VAT credit balance for three con secutive months.
• The amount of VAT credit balance exceeds EUR3,000 for three consecutive months.
• The taxable person submitted all VAT declarations and declarations of other taxes for all previous tax periods.
• The taxable person possesses sufficient documentation to prove the entitlement to the VAT reimbursement claim.
For exports, a refund may be claimed after each tax period provided that the following conditions are met:
• The amount of VAT credit exceeds EUR3,000 at the end of the tax period.
• The taxable person has complied with all applicable customs and VAT provisions.
• All VAT returns and other tax returns for all past periods have been duly submitted.
• The taxable person possesses sufficient documentation to prove the VAT reimbursement claim.
Where new legislation outlines that the taxable person carrying the VAT credit from the first VAT period of the previous year has the right to request for VAT refund regardless of the VAT credit amount if all the VAT returns and returns of other taxes for all the previous tax periods have been submitted. The taxable person must file a “request for refund” form with the relevant tax office. The tax office must verify the fulfillment of the refund conditions and approve the refund within 60 days. Interest is applicable after exceeding the 60-day period if no reason for delay exists.
The Minister of Economy and Finance must issue a relevant regulation to determine alternative procedures for refunding VAT to persons not required to submit VAT returns, to persons who cease their economic activity, and to taxable persons and customers who are not established in Kosovo.
Pre-registration costs. A taxable person cannot recover any input tax incurred on goods or ser vices supplied to it before the registration for VAT purposes.
Bad debts. Taxable persons who have not received partial or total payment for a taxable supply may claim VAT charged in respect of that supply after initiating court procedures for the recogni tion of the bad debt for amounts above EUR500.
The VAT deduction must be allowed in each tax period after the debt becomes a bad debt and may start no sooner than six months after closing the tax period for which VAT has been applied in respect of the supply. The procedures for the writing-off of the bad debt should be initiated within 24 months from the payment due date, otherwise the non-collected payment will not be considered as bad debt.
Noneconomic activities. Input tax incurred on purchases that are used for noneconomic activities is not recoverable in Kosovo.
G. Recovery of VAT by non-established businesses
Input tax incurred by non-established businesses in Kosovo is not recoverable.