Understanding Inflation and the Consumer Price Index (CPI): Insights and Trends in Albania

Inflation refers to the continuous rise in the general level of prices, leading to the devaluation of currency. This means that with the same amount of money, fewer products can be bought than before. Essentially, inflation is a result of the “overproduction” of money, which increases the prices of goods and reduces the purchasing power of money. Inflationary periods are defined as times when consumer prices, measured by the Consumer Price Index (CPI), generally increase.

Consumer Price Index (CPI) is a measure that tracks the changes in the price levels of goods and services that households use for personal consumption. The CPI basket typically includes items such as food, clothing, housing, fuel, transport, and medical care. This index, calculated using household consumption data, serves as the official measure of inflation in Albania.

Inflation can vary in its intensity and is classified into some types:

1.  Low Inflation: A positive inflation rate between 0-4% annually. A sustained increase after a period of low inflation can signal emerging economic concerns.

2. Moderate Inflation: A higher, yet manageable rate of inflation.

3. Galloping Inflation: Prices increase by two or three digits annually. This severe form of inflation disrupts macroeconomic stability, devalues currency, destroys savings, and complicates life for individuals and businesses.

4. Hyperinflation: Is a devastating economic phenomenon marked by extremely high and rapidly accelerating inflation. It can have severe consequences for an economy, including the collapse of financial systems and widespread social unrest. Effective management requires a combination of currency reform, monetary and fiscal policies, and often international assistance.

5.Deflation: Refers to a decrease in the general price level of goods and services. This means that the inflation rate is negative, and prices are falling. Deflation can lead to reduced consumer spending, as people might delay purchases in anticipation of lower prices in the future, which can negatively impact the economy.

*To clarify, low inflation is still a positive inflation rate, indicating prices are rising slowly. Deflation, on the other hand, indicates that prices are actually dropping.

Recent CPI data indicates trends in inflation (in Albania):

– May 2023: The CPI reached 114.3 compared to December 2020, with an annual inflation rate of 4.7%, down from 6.7% in May 2022. The monthly change from April 2023 was -0.3%.

– May 2024: The CPI reached 116.8 compared to December 2020, with an annual inflation rate of 2.2%, down from 4.7% in May 2023. The monthly change from April 2024 was -0.2%.

In summary, the data show a continuous increase in the CPI, a slowing annual inflation rate, and a downward trend in monthly prices. This indicates a positive move towards economic stability, though ongoing monitoring is necessary to ensure this trend persists.

Important elements of the LABOR CODE in Republic of Albania , that everyone should know.

BASIS of THE Labor CODE.

The Labor code is a set of rules and laws that regulate Labor relations between employers and employees. It includes provisions on the rights and obligations of both parties, working conditions, protection of health and safety at work, working time and holidays, wages, maternity leave, dealing with discrimination, and how to settle disputes.

The Labor Code aims to provide a fair and safe working environment, protect the rights of employees and ensure that employers comply with their legal obligations. It is an essential document for creating a fair balance in working relations and to protect the interests of all actors in the market.

General obligations of the employer.

All employers have obligations towards employees.

Some of these obligations are:

1– Protection of the personality of the employer, which means that the employer has an obligation to protect and respect the personality of the employee, as well as to ensure and protect the mental and physical health.

2-Data protection – The employer has no right to research the employee’s life unless this research is related to the professional skills of the employee.

3-Information and consultation – The employer informs and consults with the representatives of the employees.

4- Control of personal belongings – The employee and his personal belongings are not subject to control, except in cases where the employer’s property must be protected.

5- The employer is obliged to bear the expenses for the medical visits of the employee .

Workplace and Working conditions  .

The workplace in all its components must be suitable for the types of work/tasks that need to be performed. 

The working conditions must be appropriate both for the health of the employee and for the smooth running of certain jobs. When the employee works more than 6 hours a day without interruption, an unpaid break of not less than 20 minutes must be provided, which must be given after three hours and not later than after 6 hours of continuous work. If the employee works more than 9 continuous hours a day, he is given another break of not less than 20 minutes.   For pregnant women, a break is provided every 3 hours, not less than 30 minutes. All conditions must be defined in the employment contract.

Duration of work, vacations, allowances on salary.

The normal daily working time is up to 8 hours, determined by the Council of Ministers, collective or individual contracts, within the weekly work limits.

– The starting and ending hours of work are determined by the internal regulations and the decisions of the Council of Ministers .

The normal weekly duration is up to 40 hours, determined by the Council of Ministers, collective or individual contracts.

– The weekly rest is at least 36 hours, of which 24 hours without interruption.

– The weekly holiday includes Sunday and is not paid.

Surcharges.

– Every working hour from 19:00 to 22:00 has a payment surcharge of at least 20%.

– Each working hour from 22:00 to 06:00 has a pay surcharge of at least 50%.

    – Work is prohibited on official holidays, as a general rule.

Official holidays.

– Employees have the right to be paid on official holidays.

 – When the day of the official holiday falls on a weekly holiday, the holiday is postponed to Monday.

– Each working hour from 22:00 to 06:00 has a pay surcharge of at least 50%.

 – Work performed on the day of weekly rest is compensated with a salary supplement of at least 25% or with a paid holiday equal to the duration of the work performed, plus a holiday supplement of at least 25% of the duration of the work.

 – Work on official holidays that fall on working days is compensated with a salary supplement of at least 25% and with a paid holiday equal to the duration of the work performed.

– When the official holiday falls on a weekly holiday, the holiday is postponed to the following working day.

Annual vacations.

– Annual vacations must not be less than 4 calendar weeks per year and do not include official holidays. If an official holiday falls during the annual holidays, the holiday is postponed.

– If the employee has not completed a full year of work, annual vacations are determined in relation to the duration of the employment relationship. Periods of temporary incapacity at work are considered working time.

– The annual leave is postponed if the employee during this period was hospitalized or stayed at home due to illness or accident, certified by a medical report.

– Annual leave must be granted during the working year or until the end of the first quarter of the following year and must be at least one calendar week without interruption.

– The pay for annual leave is the same as what the employee would receive if he were not on leave. This salary includes a bonus that covers the part of the salary received in kind.

– If the salary is variable, the calculation is based on the monthly average of the previous year and is indexable.

– Salary for annual holiday store is paid to the employee at the time of their receipt.

– Annual leave is not replaced with pay, except when the employment relationship ends and the leave is not taken. In this case, the employee receives compensation equal to the vacation pay.

– If during annual vacations the employee performs paid work that harms the interests of the employer, the employer may refuse the vacation pay or request its return.

– The employee benefits from 5 days of paid leave for the marriage or death of his spouse/partner, parents or children.

– In case of serious illness of family members, the employee has the right to up to 30 days of unpaid leave.

– In case of childbirth, the spouse/cohabitant benefits from 3 days of paid leave.

Additional hours.

– The employer may request additional hours if necessary, taking into account the employee’s personal and family circumstances.

– The maximum number of additional hours is determined in the collective or individual contract, but it cannot exceed 200 hours per year.

– It is not allowed to ask for overtime if the employee has worked 48 hours a week. In special cases, for a period of up to 4 months, it may be allowed to exceed 48 hours, but the weekly average for this period must remain 48 hours.

– Overtime that is not compensated with rest is paid at the normal salary and an additional of at least 25%.

– In agreement with the employee, additional hours can be compensated with leave that is at least 25% longer than the hours worked and must be given within 2 months of the work performed.

– Additional working hours during weekly rest or official holidays are compensated with time off or wages at least 50% higher than the hours worked or normal wages.

Children under the age of 18 should only be employed when they are recognized as fit for work after a full medical examination .

Sickness income .

The insured person receives sickness income when temporary incapacity for work is proven, as determined in a medical report. This is excluded in cases of dismissal for a criminal act.

– Sickness income is 70% of the daily average of the net estimated base for persons with less than 10 years of insurance and 80% for those with more than 10 years of insurance.

– For those lying in hospital without the care of a person in custody, the amount is reduced to 50% of the daily average of the estimated net base.

– The insured person who changes the place of work for health reasons can benefit from compensation for the difference in salary between the previous job and the new one.

– This benefit can be up to 50% of the daily average of the estimated net base.

Birth leave.

  After 63 days postpartum, the woman decides for herself whether to work or benefit from social security.

  If the woman decides to work, she can choose a 2-hour break or a 2-hour reduction in working time, with the same pay.

After the end of maternity leave, the employee has the right to return to work with equal or better conditions and to benefit from any improvement in employment conditions.

The insured person who is the mother or father of a child who is born has the right to maternity allowance, paid once in a certain amount, equal to 50% of the minimum monthly salary.

Draft guidelines for the Implementation of Double Taxation Avoidance Agreements and the Prevention of Fiscal Evasion

This Draft-Instruction published by the Ministry of Finance on 25/03/2024 with a closing date of 22/04/2024 open for comments defines the criteria and procedures for the implementation of the provisions of the Agreements for the avoidance of double taxation and the prevention of fiscal evasion.

“Double taxation” is when the same income, earned by the same person, is taxed twice: once in the country where the income is realized and once in the country where the taxpayer has his residence. Double taxation arises when both countries claim that, based on the criteria of their domestic laws (which may be different), a natural person or an entity is considered resident in both countries (dual residence) and is subject to the obligation of full tax in both states. As a result of this issue, “Double Taxation Avoidance Agreements” were created .

The Double Taxation Treaty agreement (DTT) contains criteria and rules that determine in which contracting state a natural person or entity will be considered a resident, regardless of the provisions of the internal legislation of the contracting states. Agreements for the avoidance of double taxation allow the elimination of double taxation by determining which of the countries has the right to tax some income of an entity or natural person, or by dividing this right between the two countries, but without burdening the taxpayer with double taxation. These agreements also aim to avoid fiscal evasion through the exchange of information for all natural persons or entities that exercise activity in both countries between which the Agreement was concluded.

Albanian resident tax payers must complete the documentation according to the deadlines specified in the law.

The documentation that proves the implementation of DTT is:

Deadlines for submitting/uploading documentation in the tax system and penalties.

Pursuant to the law “On tax procedures in the Republic of Albania “, the following deadlines are set for the uploading/submission of supporting documentation by the taxpayer for the implementation of the DTT:

a) The documentation listed above must be uploaded to the electronic tax system/submitted within the calendar year following the year in which the provisions of the DTT-s are implemented. If the electronic tax system does not allow the electronic upload of the documentation, or there are technical problems, the taxpayer submits the requested documentation to the relevant regional tax directorate by official letter on paper or with an electronic carrier (CD).

b) If the taxpayer does not upload the documentation to the system/does not submit it within the deadline set at that time, a fine of 10,000 ALL will be applied to the taxpayer for each month of late submission. This fine is applied up to the following 24 months, after the end of the specified period.

c) If the taxpayer does not submit the documentation even after the 24-month deadline has passed, then the taxpayer loses the right to apply the provisions of the DTT and must pay/return the unpaid taxes or the reduced part of the tax according to the DTT , as well as fines and interests for late payment in accordance with the Law “On Tax Procedures in the Republic of Albania”.

DTT , Documents , Deadlines .

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Fiscal treatment for free items/ gifts – Sale invoice procedure in Albania

Law No. 92/2014 “On VAT in the Republic of Albania” Article 9 “Supply of goods against payment”, defines: “The supply of goods is considered to be carried out against payment, in whole or in part, if the supplier directly or indirectly receives or has right to receive payment in cash or in kind for that supply, whether from the person supplied or any other person”

As above, the goods which are given free of charge, based on a contractual relationship between the parties, the supply will be subject to VAT, since the agreement between the parties does not affect the implementation of laws in the fiscal field.

Supply of goods against payment are considered:

1) The items given for free or on promotional discounts
2) The items self-consumed by the company

The company cannot issue the invoice for products that are given for free at a price not less than the purchase price (described below what is included in purchase price).

Referring to the aforementioned legal framework, the fiscal treatment of free products for VAT and profit tax purposes will be such that THE TAXABLE VALUE will include all the elements defined in the provisions of the law that constitute the taxable value.

What is included in the TAXABLE VALUE?

Specifically, Article 39 “Taxable value”, defines that: The following elements are included:

  • custom taxes, duties, fees and similar payments, with the exception of VAT.
  • secondary costs, such as commission, packaging, transport and insurance costs that the supplier charges to the buyer or customer.
  • for the purposes of letter “b”, of this point, those foreseen in separate agreements are also considered as secondary expenses.

When a taxable person receives goods that are part of the assets of the business, for his private purpose or that of his staff, or for purposes other than those of his economic activity, if that he has fully or partially deducted the VAT on the purchase of this product or the elements that make up the product.

Supply of goods against payment are NOT considered:

3) Samples

Instruction no. 6, Date 30.01.2015 “On value added tax in the Republic of Albania”, Article 16 “Determination of gifts of small value and samples”, defines that: “In points 3 and 4 of the article 9 of the law are not considered as supply against payment cases where a taxable person uses, business goods such as gifts of small value or samples.

As the supply of samples is not considered a “supply of goods against payment”, the fiscal treatment does not require for the invoice to be issued with VAT. That is why a sale invoice of sample products can be issued with 0 (value).

For the purposes of applying the provided provision, sample are considered those objects directly related to the performance of activities of taxable persons, which are offered to consumers, regular or potential customers and are not for sale purposes. These objects are not for sale purposes or are not sold, as they are in a condition that makes it impossible to sell them. The goods that are given as business samples must be marked as such and must have a different shape or packaging compared to the goods that are intended for sale”

AEcO NEWSLETTER JANUARY-DECEMBER 2022

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TAX NEWS IN ALBANIA

AEcO Business Solutions has created the Tax Newsletter, covering the period from January to December 2022 with the aim of providing both local and international businesses with answers to key questions regarding tax regulations in Albania

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