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Albania Approves New Rules for the Deferral of Capital Gains Taxation for Reorganizations — Orbitax Tax News & Alerts

Albania has approved new rules regarding reorganization via Law No 163/2020, which was published in the Official Gazette on 21 January 2021 and enters into force on 15 February 2021. The law essentially provides for the partial transposition of the EU Mergers Directives.

One of the key aspects of the new reorganization rules concerns the deferral of the taxation of capital gains resulting from the transfer of assets and liabilities in a reorganization until their disposal by the acquiring company. The deferral must be requested and, subject to certain conditions, is available with respect to mergers with absorption, transfers of a branch or branch activity, mergers, and divisions, where the transaction involves companies resident in Albania. If Albania accedes to the EU as expected, the rules will be expanded to cover reorganization transactions with other EU residents as well.