Albania

Based on Albanian legislation, a legal entity is deemed to be resident in Albania if it has its head office or its place of effective management in Albania.

Permanent establishment (PE)

PE in Albania means a fixed place of business where an entity carries out, wholly or partly, its business activities, including, but not limited to, an administration office, a branch, a factory, a workshop, a mine, and a construction or installation site, as well as the performing of services (including consulting services) through the employees or other individuals for a period of six months or more in the Republic of Albania.

An entity that operates in the insurance field of another country, excluding reinsurance activity, will be considered to have a PE in the Republic of Albania if through another person collects premiums in the Republic of Albania or insures risks located in the Republic of Albania.

The determination of a PE, where applicable, is based on the provisions of the double tax treaties (DTTs) that Albania has entered into with a number of countries. When dealing with DTT provisions, the Albanian tax authorities refer to the Organisation for Economic Co-operation and Development (OECD) commentaries.