A company is resident in North Macedonia for tax purposes if it is established or maintains its headquarters in the territory of North Macedonia. Foreign legal entities with headquarters abroad are non-residents for tax purposes, but their Macedonian branches are liable for tax on any profit generated in the territory of North Macedonia if they are considered as a PE for the foreign legal entity in the country.
Permanent establishment (PE)
Generally, a PE is a fixed place of business through which the business of an enterprise is wholly or partly carried on, either directly or through a dependent agent.
More specifically, the domestic law provides that a PE may include a place of management, a branch office, an office, a factory, a workshop, mining activities, or any other place of extraction of natural resources.
A building site or construction or installation project, as well as related supervision activities, may constitute a PE if it lasts longer than six months.
Furthermore, the provision of services, including consulting services with regard to one or several related projects, is deemed to give rise to a PE if such activities last longer than 90 continuous days within any 12-month period. If one or several persons establish a PE as per above, any other non-related project on which they are working on becomes part of the PE, irrespective of its duration.
The PE should be registered as a corporate taxpayer at the beginning of its activity in the country for the purposes of obtaining a tax number.