# Kosovo cross-border business income v0.2

Tax year **2026**, checked against the law on **30 October 2026** (tier 2; no
licensed accountant has signed it off). Corporate Income Tax Law 06/L-105 has
no amendment listed in the Official Gazette, so its 2019 text applies to 2026.
The ordinary corporate framework below does not resolve the stated service-PE
interpretation or every treaty and transaction-specific implementing rule.
Keep those cases open in the workpaper.

## Who this applies to

Use for a Kosovo payer contracting with a nonresident business, a nonresident
enterprise operating in Kosovo, or a Kosovo resident company receiving foreign
business income. A resident entity established in Kosovo is taxed on Kosovo
and foreign-source taxable income; a nonresident is taxed on Kosovo-source
income. A nonresident with a Kosovo PE is a corporate taxpayer under the law.
Document entity status and residence before choosing the computation
([06/L-105 arts. 3(1.13), 4–6][law]).

A person's foreign invoice or foreign registration does not determine whether
an engagement is employment. Non-business natural-person services are included
in the statute's wage-withholding classification. Route employment to
[payroll](kosovo-payroll.md) and resident individuals/sole traders to
[individual income tax](kosovo-income-tax.md). PIT and CIT both distinguish
resident worldwide income from nonresident Kosovo income; the individual
business calculation is not a flat corporate rate
([06/L-105 art. 31(1)][law]; [05/L-028 arts. 2–6, as amended][pit]).

## Rates, bands and thresholds

Domestic rules apply before a confirmed exemption or effective treaty. The
withholding base is gross compensation; the ordinary corporate base is net
taxable income. The same payment must not be treated as both routes without
establishing the correct classification.

| Item | Domestic rule for 2026 | Official authority |
|---|---|---|
| Ordinary corporate/PE income tax | 10% of net taxable income | [06/L-105 arts. 4–7][law] |
| Nonresident services performed in Kosovo under an agreement with a Kosovo person/entity | 5% of gross compensation if the recipient has no Kosovo PE | [Art. 33(2)–(3)][law] |
| Nonresident entertainer/sportsperson's personal activities in Kosovo | 5% of gross compensation, including indirect payment | [Art. 33(1), (3)][law] |
| Interest on loans/credits and royalties | 10% at payment or credit, subject to the statutory interest exclusions | [Art. 31(2), (4)][law] |
| Rent | 9% at payment or credit, except exempt lessor income | [Art. 31(3)][law] |
| Dividends | Express income-tax exemption for dividends paid or received by resident and nonresident persons | [Art. 8(1.8)][law] |
| Fixed-place domestic PE | Longer than six months within any twelve months | [Art. 30(1)][law] |
| Construction/assembly/installation/supervisory domestic PE | Longer than 183 days within any twelve months, including actual preparatory commencement | [Art. 30(3.1)][law] |
| Services domestic PE | More than 90 days within any twelve months, with the additional individual-presence proviso requiring interpretation below | [Art. 30(3.2)][law] |
| Foreign business-income tax credit | Foreign income tax actually paid, limited to Kosovo tax attributable to that income | [Art. 29][law] |

Article 33 has **no EUR 5,000 minimum** for the nonresident service route.
Do not carry that threshold forward from older legislation. A Kosovo payer
alone does not establish that services were performed in Kosovo. Exclude
ordinary-course customer-loan interest paid to a CBK-licensed financial
institution and interest on Kosovo public-authority-issued/guaranteed
instruments from withholding under art. 31(4); a foreign bank or group loan
is not automatically within the first exception.

## The base

### Select the PE or non-PE route first

Record premises, access, property, business activities, project/service dates,
personnel and actual contracting authority. Test the fixed place, construction,
services and dependent-agent routes separately. Domestic art. 30(3.3) also
includes Kosovo immovable property owned by a nonresident. Six months and
183 days are different statutory tests, and both use their specified period.

Article 30(3.2)'s service paragraph combines a more-than-90-day activity test
with an individual-presence condition exceeding 183 days within twelve months.
The retrieved **Albanian text also contains that condition**; it is not cured
by silently editing the English translation. Its precise interaction remains
unconfirmed. Retain the full personnel/day chronology and obtain a supported
interpretation before settling a case whose outcome turns on it
([English art. 30(3.2)][law]; [Albanian art. 30(3.2)][alb]).

The limited storage, display/distribution, processing, purchasing/information
and preparatory/auxiliary exclusions are conditional. Combined activity must
meet the statutory preparatory/auxiliary test, and related complementary
operations forming a coherent business cannot simply be fragmented to claim
an exclusion. An independent broker/commission agent in its ordinary business
and company control alone do not create a PE; regularly exercised contracting
authority can create one ([art. 30(4)–(8)][law]).

### Corporate and PE profit workpaper

A PE is not a reason to apply 10% to every gross remittance. Identify its
Kosovo-source revenue and allowed business expenses, reconcile accounting
profit under arts. 6 and 9–20, and apply the ordinary corporate calculation.
Keep exempt income, disallowed expenses, tax depreciation, asset gains and
loss vintages separate. The ordinary CIT loss carryforward is four successive
periods, oldest first, with the same-business and ownership/reorganisation
conditions. Reconcile instalments, valid withholding and credits once
([arts. 4–7, 9–24, 28–29, 37–38][law];
[corporate computation](xk-corporate-income-tax.md)).

Head-office allocations need a supported functions/assets/risks analysis,
expense evidence, related-party treatment and the actual treaty's profit
article where applicable. Do not invent a fixed head-office percentage or a
standard deemed margin. For example, the **Malta treaty art. 7** attributes
separate-enterprise profits using functions, assets and risks, addresses the
other state's corresponding adjustment, and preserves separately classified
income articles. This treaty illustration does not establish the rule for
another treaty or prove entitlement in a particular case ([Malta treaty][mt]).

### Withholding and contractual gross-up

Classify services, interest, royalties and property rent by actual rights and
performance. For eligible domestic gross-fee service withholding, calculate
`gross fee × 5%`; pay the supplier the balance. If a contract instead promises
a net receipt after that tax, calculate `gross = promised net / (1 − rate)`,
then withhold from gross. Contract wording does not remove the payer's duty.
For a mixed-location or bundled contract, retain performance/value evidence;
an unconfirmed old-instruction percentage exception is not a current exemption
([arts. 31 and 33][law]).

### Foreign income and credit reconciliation

Include a resident company's foreign business income under art. 5; compute
its Kosovo taxable amount using the applicable recognition and deduction
rules. For each supported income allocation, retain the foreign assessment,
proof of **income tax paid**, foreign currency conversion, gross-to-net bridge
and Kosovo attributable tax. Credit is `min(eligible foreign tax paid, Kosovo
tax attributable before credit)`. A foreign tax withheld on gross receipts
is not itself the Kosovo taxable-income calculation. Do not invent a refund,
carryforward or credit for a different taxpayer's tax ([art. 29][law]).

### Actual disposals, distributions and cessation

Identify what actually happens on departure or closure: asset sale/transfer,
share disposal, company distribution, liquidation or approved reorganisation.
Art. 22 includes movable/immovable assets and securities: proceeds include
other consideration; basis is acquisition/improvement cost less allowed
depreciation/expenses. Related-party undervalue is adjusted to market value.
A company distributing property other than shares recognises the market-value
result; liquidation similarly tests distributed property. A TAK-approved
written reorganisation plan has separate treatment, with specifically
approved loss succession ([arts. 22–27][law]).

The dividend exemption is not an exemption for the company's gain on property
it distributes. A move alone does not establish the facts of a statutory
sale or liquidation. Separate residence cessation, asset migration without a
sale and final registration/branch closure procedures remain on the
unconfirmed list rather than asserting a universal departure charge or its
absence.

## Deadlines and filing

| Obligation | Current rule | Authority |
|---|---|---|
| Article 33 monthly withholding statement/payment | WR in EDI, within fifteen days after the calendar month ends (TAK: 1st to 15th) | [Art. 33(3)][law]; [TAK timetable][cal] |
| Article 33 annual reconciliation | Before 1 March following the tax period under the original Albanian wording; include required certificate copies | [Art. 33(6), Albanian][alb] |
| Article 33 certificate | On recipient request, before 1 March following the tax period | [Art. 33(5)][law] |
| Article 31 interest/royalty/rent payment | WR in EDI, by the 15th of the month after payment or credit | [Art. 31(2)–(3)][law]; [TAK timetable][cal] |
| Article 31 certificate | Before 1 March following the tax period | [Art. 31(5)][law] |
| Ordinary corporate annual return and balance | 31 March of the following year under current rules | [Arts. 37–38][law] |
| Corporate activity closure | Annual tax statement in the period when the business-deregistration application is submitted | [Art. 37(5)][law] |

For the 2026 year, complete the Article 33 reconciliation **before 1 March
2027** and the ordinary corporate return by 31 March 2027. The original
Albanian art. 33(6) says **before** 1 March; the English translation says
no later than 1 March. Apply the original earlier boundary, and retain this
translation conflict rather than relying on the extra day. Certificates also
use **before** 1 March. A special extension needs its own authority
([original art. 33(5)–(6)][alb]; [English translation][law]).

Use TAK's **WR** return and its current upload list in EDI. From January 2025,
the list includes **Country** for international transactions. If the new list
is completed with that information, TAK no longer requires the eight separate
DTA implementation forms for interest, dividends, property rights, capital
gains, other income, independent services, dependent services and business
profits. Those forms still apply to 2024 and earlier. This administrative
simplification does not repeal art. 33's annual reconciliation/certificate
requirements or create substantive treaty entitlement
([TAK notice, 23 January 2025][wr]). Retain the submitted list, return,
payment and relief evidence; do not infer a current box number from an old form.

Article 33 withholding is final **for the income covered by that article**;
the recipient need not declare that income under its paragraph 4. This does
not discharge separate PE, other-income, VAT, payroll or social obligations.

## Penalties and interest

Use procedure Law 08/L-257, rather than old penalties copied from repealed
03/L-222. Failure to withhold/pay attracts **25% of the shortfall** under
art. 103(1), in addition to the tax obligation. Missing mandatory
liability-producing returns attract EUR 50 for a business natural person,
EUR 150 for a legal entity and EUR 20 for a non-business natural person
under art. 99. Missing/inaccurate/incomplete information statements fall
under art. 101(1): EUR 150 each, capped at EUR 3,000.

Understatement/excess-credit penalties under art. 100(1) are 15% of the
difference where it is at most 10% of the correct tax, and 25% where larger;
art. 100(4) governs overlap with art. 101. Do not add alternative penalties
mechanically without classifying the failure. Interest under art. 24 runs
for each month or part-month, for at most ten years, at the Minister's
published rate. A compliant instalment agreement stops it from the next
month; default reinstates it. The numeric current rate is unconfirmed here
([08/L-257 arts. 24, 99–103][procedure]).

## Cross-border points

An applicable DTA takes precedence under CIT art. 29(3). Use TAK's current
[treaty register][treaties] to locate the actual agreement and distinguish
entry into force from application dates; a signed agreement alone is
insufficient. Record residence, person/tax coverage, relevant period,
income classification, beneficial-owner/anti-abuse conditions and the actual
PE/income/relief articles. Do not apply a displayed treaty ceiling as a
new tax where domestic law exempts the receipt.

The revised WR procedure above removes separate forms only on its stated
conditions. Preserve residence and entitlement evidence supporting the tax
position. A treaty's business-profit rule must not be substituted for a
separate royalty, property or employment article without classification.
Treaty-rate matrices and individual treaty case conclusions are outside
this skill.

TAK's register lists 22 agreements for avoidance of double taxation: Albania,
Austria, Belgium, Croatia, Czechia, Finland, Germany, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, North Macedonia,
Saudi Arabia, Slovenia, Switzerland, Turkey, the United Arab Emirates and the
United Kingdom. The Italy agreement is new for 2026: in force from
21 December 2025 and applicable from 1 January 2026. Belgium, Finland and
Germany are listed as agreements continued from former Yugoslavia. Read the
dates in the register for each agreement before relying on it.

For taxation inconsistent with an applicable treaty, TAK's **MAP** procedure
requires the request to the competent authority permitted by that treaty
within **its own** time limit measured from first notification. Do not assume
one universal treaty clock. Supply taxpayer identifiers, years, facts/actions
and amounts, domestic/treaty provisions, assessments and evidence, domestic
appeal/litigation history and any other MAP request. TAK's published procedure
asks for requested supplementary information within thirty days and receipt
acknowledgement within thirty days; acknowledgement is not the separate
admissibility decision. It directs a printed Albanian submission to the
International Relations Division at the headquarters address stated in the
procedure. Keep domestic remedies and deadlines under separate review rather
than assuming a MAP request pauses them ([TAK MAP guide, pp. 1–5][map]).

Transfer-pricing corresponding adjustments need their own eligibility and
application evidence; see [transfer pricing](xk-transfer-pricing.md). VAT place
of supply, imports/reverse charge and employee coverage use the relevant
[VAT](kosovo-vat.md), [payroll](kosovo-payroll.md) and
[social-contributions](kosovo-social-contributions.md) skills.

## Two worked examples that recompute

### 1. Domestic nonresident service withholding

Assume a corporate supplier performs the whole service in Kosovo, has no PE
after the relevant tests, receives EUR 20,000 gross and has no applicable
relief. Withholding is EUR 1,000 and cash paid is EUR 19,000. The 5% applies
to gross compensation, not profit ([06/L-105 art. 33][law]).

```oa-check
name: Kosovo domestic nonresident service withholding
inputs:
  gross_fee: 20000
  withholding_rate: 0.05
steps:
  withholding: gross_fee * withholding_rate
  supplier_payment: gross_fee - withholding
expected:
  withholding: 1000
  supplier_payment: 19000
```

### 2. Foreign business income with a capped credit

Assume an ordinary resident company has only foreign business revenue of
EUR 50,000, EUR 30,000 of fully allowable attributable expenses, no losses,
exemptions or special recognition issue, and has paid EUR 2,500 of eligible
foreign income tax on that income. Kosovo taxable income is EUR 20,000 and
pre-credit CIT EUR 2,000. The credit is capped at EUR 2,000; the remaining
EUR 500 is outside this credit calculation and is not an assumed refundable
or carried balance ([06/L-105 arts. 5–7, 10 and 29][law]).

```oa-check
name: Kosovo foreign business income and credit ceiling
inputs:
  foreign_business_revenue: 50000
  allowable_attributable_costs: 30000
  kosovo_cit_rate: 0.10
  eligible_foreign_tax_paid: 2500
steps:
  taxable_income: foreign_business_revenue - allowable_attributable_costs
  kosovo_attributable_tax: taxable_income * kosovo_cit_rate
  allowed_credit: min(eligible_foreign_tax_paid, kosovo_attributable_tax)
  unrelieved_foreign_tax: eligible_foreign_tax_paid - allowed_credit
  kosovo_tax_after_credit: kosovo_attributable_tax - allowed_credit
expected:
  taxable_income: 20000
  kosovo_attributable_tax: 2000
  allowed_credit: 2000
  unrelieved_foreign_tax: 500
  kosovo_tax_after_credit: 0
```

## Ask the client first

- What are each party's entity status, tax residence and relevant tax year?
- What rights/services are supplied, where performed, and on what gross/net terms?
- What premises, property, personnel dates and contracting authority exist in Kosovo?
- What effective treaty and residence/entitlement evidence support the proposed relief?
- What foreign income, allowable costs, assessments and tax-payment evidence support the credit?
- Is there a sale, asset transfer, distribution, liquidation or residence/branch closure, and what has already been reported?

## Sources

| Official source and provisions read | URL | Read on |
|---|---|---|
| Current CIT 06/L-105 arts. 4–8, 22–33, 37–38, Gazette record (no amendments listed) and TAK PDF | https://gzk.rks-gov.net/ActDetail.aspx?ActID=20988 ; https://www.atk-ks.org/wp-content/uploads/2019/09/LAW_NO.06_L-105.pdf | 2026-10-30 |
| Original Albanian CIT arts. 30 and 33, service-PE proviso and annual deadline | https://gzk.rks-gov.net/ActDetail.aspx?ActID=20988&langid=1 | 2026-10-30 |
| PIT 05/L-028 arts. 2–6, individual/employment routing; amended bands are in the PIT skill | https://www.atk-ks.org/wp-content/uploads/2017/07/LAW_NO._05_L_-028__ON_PERSONAL_INCOME_TAX.pdf | 2026-10-25 |
| Procedure 08/L-257 arts. 24, 99–103 | https://www.atk-ks.org/wp-content/uploads/2024/01/LAW_NO._08_L-257_ON_THE_ADMINISTRATION_OF_TAX_PROCEDURES.pdf | 2026-10-30 |
| TAK revised WR / DTA-form procedure, 23 January 2025 | https://www.atk-ks.org/en/notice-to-taxpayers-the-wr-form-for-withholding-taxes-has-been-modified/ | 2026-10-30 |
| TAK current treaty register (22 agreements) with separate force/application dates | https://www.atk-ks.org/marreveshjet/marreveshjet-nderkombetare/ | 2026-10-30 |
| TAK deadline timetable, WR from the 1st to the 15th of each month | https://www.atk-ks.org/en/portfolio/informata-te-pergjithshme-per-tatimet-ne-kosove/ | 2026-10-30 |
| Malta–Kosovo treaty art. 7, TAK Albanian scan, pp. 8–9, visually read | https://www.atk-ks.org/wp-content/uploads/2019/07/MARR%C3%8BVESHJE_QRK_MALTA.pdf | 2026-10-25 |
| TAK MAP procedure, request, evidence, acknowledgements and submission route, pp. 1–5 | https://www.atk-ks.org/wp-content/uploads/2022/11/Njoftim-per-tatimpagues-mbi-procedurat-e-MAP.pdf | 2026-10-30 |

Not yet confirmed: authoritative resolution of CIT art. 30(3.2)'s service-day/individual-presence interaction; current general PE profit-allocation implementing instructions beyond the express statute and cited treaty illustration; current mixed-location service apportionment instructions; residence/asset-migration and final branch-closure implementation; numeric 2026 late-interest rate. Individual treaty conclusions need their actual agreement and evidence.

[law]: https://www.atk-ks.org/wp-content/uploads/2019/09/LAW_NO.06_L-105.pdf
[alb]: https://gzk.rks-gov.net/ActDetail.aspx?ActID=20988&langid=1
[pit]: https://www.atk-ks.org/wp-content/uploads/2017/07/LAW_NO._05_L_-028__ON_PERSONAL_INCOME_TAX.pdf
[procedure]: https://www.atk-ks.org/wp-content/uploads/2024/01/LAW_NO._08_L-257_ON_THE_ADMINISTRATION_OF_TAX_PROCEDURES.pdf
[wr]: https://www.atk-ks.org/en/notice-to-taxpayers-the-wr-form-for-withholding-taxes-has-been-modified/
[treaties]: https://www.atk-ks.org/marreveshjet/marreveshjet-nderkombetare/
[mt]: https://www.atk-ks.org/wp-content/uploads/2019/07/MARR%C3%8BVESHJE_QRK_MALTA.pdf
[map]: https://www.atk-ks.org/wp-content/uploads/2022/11/Njoftim-per-tatimpagues-mbi-procedurat-e-MAP.pdf
[cal]: https://www.atk-ks.org/en/portfolio/informata-te-pergjithshme-per-tatimet-ne-kosove/

> Contributed by Michael Cutajar.