Professional Documents
Culture Documents
Investment
in Kosovo
2016
KPMG in Kosovo
kpmg.com/al
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
2 | Investment in Kosovo 2016
Investment
in Kosovo
Edition 2016
Investment in Kosovo 2016 | 3
Preface
Investment in Kosovo is one of a series of booklets
published by KPMG member firms to provide information
to those considering investing or doing business
internationally.
kpmg.com/al
4 | Investment in Kosovo 2016
Contents
General Information........................................................................................................... 6
Geography and population.................................................................................................... 6
Climate ................................................................................................................................ 6
Official language................................................................................................................... 6
Currency............................................................................................................................... 7
Travel.................................................................................................................................... 8
Airport .................................................................................................................................. 9
Economy ............................................................................................................................ 10
Labor market...................................................................................................................... 11
Trade .................................................................................................................................. 12
Tourism............................................................................................................................... 14
Energy ............................................................................................................................... 14
Mining................................................................................................................................. 15
Telecommunications .......................................................................................................... 16
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 5
Business Registry............................................................................................................... 20
Taxation ............................................................................................................................ 26
General .............................................................................................................................. 26
Withholding tax.................................................................................................................. 31
Excise taxes........................................................................................................................ 32
Local taxes.......................................................................................................................... 32
Employment Regulations................................................................................................ 33
Legislation ......................................................................................................................... 33
Employment contracts....................................................................................................... 33
Government Control......................................................................................................... 35
Public procurement............................................................................................................ 35
Competition law................................................................................................................. 36
Environmental laws............................................................................................................ 36
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
6 | Investment in Kosovo 2016
General Information
Geography and population Kosovo has an estimated population of
Kosovo is located in Southeast Europe, on 1.8 million and its capital, Pristina, has a
the Balkan Peninsula and encompasses population of some 210,000 inhabitants,
10,877 square kilometers. The country according to the latest statistics published
is bordered by the Republic of Serbia in by the Kosovo Agency of Statistics in
the north and east, the Former Yugoslav June 2015. Ethnic Albanians make up the
Republic of Macedonia in the south, the majority of the population (92%) while
the largest minority is represented by
Republic of Albania in the southwest and
Serbians. Other minority groups include
Montenegro in the northwest.
Bosnians, Turks, Roma, Gorans, Ashkali and
The terrain is mostly mountainous Egyptians. Kosovo has one of the youngest
and the highest peak is Gjeravica at populations in Europe with an estimated
2,656 meters (8,714ft) above sea level. The 40% of its citizens below the age of 20.
Sharr Mountains are located in the south The main religions are Muslim, Serbian
and southeast bordering the Republic of Orthodox and Roman Catholic.
Macedonia and the Kopaonik Mountains
are located in the north. The central region Climate
of Drenica and the eastern part of Kosovo, The climate in Kosovo is mostly
known as Gollak or Gallap, are largely hilly continental. The geographic location of
areas. There are two main plains in the the country is the reason for its large
country. Rrafshi i Dukagjinit basin is located annual temperature range. The summer
in the west and the Plain of Kosovo lies temperature highs can reach +38C
in the east. The low hill area of Drenica (100F), and the winter temperatures
is between the two basins. The Plain of can be as low as -20C (-4F). Kosovo
Kosovo is on average higher than the experiences warm summers and cold and
plain of Rrafshi i Dukagjinit by about snowy winters.
100 meters (328ft).
Official language
The numerous landscapes and other tourist
attractions, two of the most prominent Kosovo has two official languages
being the Rugova Canyon and the Gadime Albanian and Serbian. Turkish, Bosnian and
Cave, make Kosovo a destination Roma languages have the status of official
worth visiting. languages in certain municipalities.
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 7
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
8 | Investment in Kosovo 2016
has 11 seats, the Initiative for Kosovo Party to Kosovo, foreigners need to be informed
has 6 seats, and the remaining 10 seats whether they need a visa to enter it.
are held by minority groups and non-
Citizens of countries such as Albania,
affiliated individuals.
Australia, Canada, European Union (EU)
The Head of State is the President of the Member States, USA, South Africa, and
Republic of Kosovo who, according to the Turkey do not need a visa. However,
Constitution of the country, is elected by Kosovo is starting to implement a stricter
the Assembly for a five-year term. In visa regime. Individuals are required to
April 2016, Kosovos Assembly elected register with the police if they are present
Hashim Thaci as President. in the country for more than 90 days and
to prove to the border police at the time of
The President proposes to the Assembly a
entry that they have a legitimate reason to
candidate for Prime Minister, who is finally enter Kosovo. According to Law
approved by the Assembly. In accordance No. 04/L-219 on Foreigners, a foreigner
with Kosovos Constitution, the basic unit shall not engage in paid employment in the
of local government is the municipality. Republic of Kosovo on the basis of a visa
Currently, there are 38 municipalities alone. If foreigners stay in Kosovo for more
established in Kosovo. than 90 days in a year, they must apply for
The judicial system consists of the a residence permit. This will facilitate their
Constitutional Court, the Supreme Court, entry into and exit out of Kosovo.
the Appeal Court and the District Court.
Kosovos Constitution provides that the Travel
Supreme Court of Kosovo is the highest Skopje and Tirana are one and a half
judicial authority. The Kosovo Judicial hours and three and a half hours by road,
Council elects a Chair and Vice Chair from respectively, from Pristina. Additionally,
its members, both for a term of three there are regular bus lines from these two
years. Elections to these offices do not cities to Pristina.
extend the mandate of the members of the
There are bus connections from Belgrade
Kosovo Judicial Council.
and Nis to Pristina and Prizren and from all
The European Union Rule of Law Mission, major towns in Serbia to the northern parts
EULEX, is acting to strengthen Kosovos of Kosovo.
institutions, judicial authorities and law As Serbia does not currently recognize
enforcement agencies. Following the Kosovo, travelers will not be given a
Kosovo War in 1999, KFOR, a military force Serbian exit stamp if they enter Kosovo
under NATO command, is working with from Serbia. In addition, if the Serbian
Kosovos authorities to provide security authorities find any Kosovo stamps in the
within the country. travelers passports, the stamps will be
crossed out, although it is unlikely that
Visa system for foreigners traveling travelers will be denied entry because of
to Kosovo them. However, if one lives in or intends
Kosovo is relatively easy to access and a to travel frequently to Serbia, it has been
valid passport is required. Before traveling suggested to obtain matching pairs of entry
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 9
Airport
Pristina International Airport Adem Jashari
is the only civilian airport in Kosovo. It
takes a 20-minute drive from Pristina to get
there. Many recognized European airlines
operate via it including: Austrian Airlines,
Turkish Airlines, Hamburg International,
Adria Airways, Germania, Croatia Airlines,
EasyJet, Scandinavian Airlines, Norwegian,
Helvetic Airways, Germanwings, Edelweiss
Air, AtlasJet, and Pegasus Airlines.
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
10 | Investment in Kosovo 2016
Investment Environment
Economy compared to EUR 2,935 in 2013. However, it
Despite the challenges faced by other still continues to be low compared to other
countries due to fluctuations in the global countries in the region such as Albania,
economy and particularly in Europe, Kosovos Bosnia and Herzegovina and Serbia as each
economy has experienced positive growth exceeds EUR 4,000.
during recent years. However, the economy In 2014, the inflation rate or consumer price
of the country is characterized by a high index (CPI) dropped to 0.6%, which is less
reliance on the import of goods which than the rate of 1.8% over the same period
negatively affects the growth rate and the in 2013. This decline is attributed to the
current account balance. price decrease of the imported goods which
In 2014, Kosovo experienced a real gross reflects the interrelation between the price
domestic product (GDP) growth of 1.2% developments in Kosovo and the prices in
which is lower compared to previous years. international markets.
This growth is due mainly to the increased The growth of domestic demand in 2014
consumption and the level of investments. had an impact on the import growth and,
In 2015, the Central Bank of Kosovo consequently, on the deficit growth of the
estimated a growth rate of 0.4% which is current account. In 2014, the position of the
mostly attributed to consumption and private current account in Kosovo deteriorated due
investments while it is still lower than the to a higher deficit in trade of goods, while
previous year. Investments are estimated to the positive balance in services trade and
register growth. categories as primary and secondary income
continues to contribute to the narrowing of
Kosovos GDP per capita incurred a slight this deficit.
increase in 2014 reaching EUR 2,989
2010 2011 2012 2013 2014 2015(e)
GDP at market prices, EUR million 4,402 4,815 5,058 5,327 5,568 5,707
Real GDP growth rate (%) 3.30 4.40 2.80 3.4 1.2 3.00
GDP per capita in EUR 2,480 2,672 2,799 2,935 2,989 3,055
Current account in EUR million (516) (658) (380) (339) (438) (541)
Source: 2015 Macroeconomic Development Report, issue 3, 2016 Macroeconomic Development
Report, issue 4 and 2015 IMF Country Report
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 11
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
12 | Investment in Kosovo 2016
Trade balance
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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Investment in Kosovo 2016 | 13
both domestically and abroad, given the providing good prospects to develop
limited investor attention it has received cultural tourism.
to date. Recent studies from the Kosovo
Agency of Statistics indicate that some Energy
140,000150,000 people are employed Energy production is largely based on
in agriculture. The development of the thermal power plants utilizing coal (lignite)
agriculture sector would also present and to a smaller extent hydropower
additional opportunities for investments in generation. The Kosovo Energy Corporation
the food processing industry, horticulture JSC (KEK) is the sole power corporation in
sector (i.e. production of fruits and Kosovo for energy production. Currently,
vegetables), and livestock subsector. the local energy production is realized
by two thermal power plants, Kosova A
Tourism and Kosova B, with an installed capacity
The countrys natural resources include of 800 MW and 678 MW, respectively.
mountains, lakes, and rivers and represent As per data from the Energy Regulatory
tourism opportunities. Kosovos potential in Office of Kosovo, both thermal power
tourism is closely related to the countrys plants contributed 97% of the total energy
geographical position. The mountainous produced in 2014.
south offers good opportunities for
In addition, the hydropower plant (HPP) of
winter tourism and the most important
Ujman with an installed capacity of 35 MW
sites are the Mountains of Sharr, Cursed
and other small distributive hydropower
Mountains where Brezovica and Rugova
plants with a total installed capacity of
are distinguished as skiing and recreational
10.84 MW account for the remaining
centers, Luboteni Peak, and Gjeravica Peak
energy production.
which is the highest peak in Kosovo.
Kosovo has launched a project to build a
In April 2015, Kosovos Trade and Industry
coal-fired power plant, Kosova e Re, with
Ministry signed a contract with a French
an installed capacity of 500 MW. The
consortium, which includes several
new thermal power will be built by the
international and local companies for
US power company Contour Global. It is
the development of Brezovica. The total
expected that around 10,000 jobs would
amount expected to be invested is around
be created during the construction of the
EUR 410 million over the next 17 years
plant which would employ 500 people once
to make Brezovica one of the largest
it comes on stream. The project received
mountain resorts in the Balkans.
support from the World Bank and the
In addition, the wellness tourism has European Union. The construction will start
a great potential for development. The during 2016, and is expected to be finished
numerous thermal springs are renowned in 2020-2021. The project cost is estimated
in the region for their healing effects and to be approximately EUR 1.4 billion.
the most famous ones are Kllokoti spa and
KEK has been unbundled into production
Peja spa.
named KEK JSC (Kosovo Energy
There are also plentiful religious and Corporation), transmission named KOSTT
other sites of cultural and historical value JSC and a distribution and supply division
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 15
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
16 | Investment in Kosovo 2016
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 17
EUR million 2008 2009 2010 2011 2012 2013 2014 2015
Switzerland 32 23 35 31 44 42 38 76
Turkey 24 15 5 35 66 89 20 69
Albania 22 23 20 11 5 19 20 41
Germany 44 75 92 67 50 22 29 33
Total top five countries 158 142 191 224 178 182 69 254
Source: Monthly Statistics Bulletin, March 2016, issue 175 of the Central Bank of Kosovo
FDI in Kosovo during 2008-2015 are In January 2014, the Assembly of the
predominantly concentrated in the Republic of Kosovo approved a new law
following economic sectors with on Foreign Investment, Law No. 04/L-220.
respective averages: real estate with 40%, Its purpose is to protect, promote and
construction with 11% and the financial encourage foreign investments in the
sector with 17%, followed by the transport Republic of Kosovo. This law also provides
and telecommunications sector with 6% of foreign investors with a set of fundamental
the total FDI. rights and guarantees and, as such, it plays
During this period, real estate and a significant role in attracting and protecting
construction recorded the highest increase foreign investments.
whereas transport and telecommunications
incurred a substantial decrease, from 14%
of FDI in 2008 to negative 2.0% in 2015.
Foreign Direct Investments by sectors
400
350
300
EUR million
250
200
150
100
50
-
2008 2009 2010 2011 2012 2013
Business Environment
Business entities other obligations incurred by, or imposed
by law or contract on such an individual
Types of business entities business. Even though an individual
According to Law No. 02/L-123 of the business is not a legal entity, it may
Assembly of Kosovo dated 27 September contract, hold property and sue or be sued
2007, the business entities which may be in its own name or in the name of
registered with the Business Registry in its owner.
Kosovo are:
To register an individual business, the
Individual business owner must sign and submit to the
Registry a form containing information
Overall partnership
about the organization and the purpose of
Limited partnership the business as well as the written consent
of the registered agent to serve in such
Limited liability company
a capacity.
Joint-stock company.
Overall partnership
Apart from the above entities, foreign
entities may also register through a branch An overall partnership is a business
office in Kosovo. Since the branch has no organization which comes into existence
separate legal personality, its rights and as a result of an association of two or
obligations pertain to the parent company. more persons and/or companies for the
purpose of engaging in business, either
Any non-resident person who is subject by registration or by conducting business
to taxation in accordance with the tax without being registered with the Registry.
legislation of the Republic of Kosovo These persons are considered to be overall
must appoint a fiscal representative partners. Every overall partner is, and all
prior to starting any economic activity overall partners are, jointly and severally
in the Republic of Kosovo. The fiscal liable for all debts and other obligations
representative must register with the Tax incurred by, or imposed by law or contract
Administration of Kosovo within five days on, the overall partnership. Such liability
of being named. is unlimited.
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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Investment in Kosovo 2016 | 19
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 21
Regulate, license, register and The CBK established the Credit Registry to
supervise financial institutions collect and provide information to facilitate
reduced risks of lending and to improve
Promote and oversee safe, sound
access to credit while ensuring maximum
and efficient payment, clearing and
protection of personal data. Credit
securities settlement systems
reporting is mandatory for all financial
Maintain an appropriate supply of institutions operating in Kosovo.
banknotes and coins in Kosovo
All financial institutions are required to file
Hold and manage the international with the Credit Registry all information on
reserves their credits and credit products, borrower
repayment history, and guarantees. CBK
Collect and produce statistics
regulations and operational instructions
Contribute to achieving and maintaining provide for details on compliance,
domestic price stability penalties, credit reports, and borrower
rights. Information about mortgages,
Inform the Assembly, Government and
pledges and other collateral can be
the public at large about its policies,
additionally reported to the Credit Registry.
tasks and operations
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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22 | Investment in Kosovo 2016
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 23
Pension funds
Kosovo Pension Saving Funds continued
to grow in both assets and net return
on investments during 2015. Kosovos
pension system assets, most of which are
managed by the Kosovo Pension Savings
Trust, amounted to EUR 1,240 million in
December 2015, representing an annual
growth of 13.1%.
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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24 | Investment in Kosovo 2016
The Law defines business organizations as Any topics not addressed in KAS need to
large if they fulfill two out of three criteria: comply with IFRS. Even if an entity meets
the criteria to prepare financial statements
Net annual turnover higher than in accordance with KAS, it may choose
EUR 4 million to prepare the general purpose financial
Gross assets at balance sheet date statements in full compliance with IFRS.
higher than EUR 2 million All entities must prepare financial
statements at least annually. Together with
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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Investment in Kosovo 2016 | 25
Audit requirements
The Law requires that financial statements
of large business organizations be audited
by statutory audit firms which are licensed
to carry out statutory audits in Kosovo,
while the financial statements of medium-
sized organizations are required to be
audited either by statutory audit firms or
auditors licensed to carry out statutory
audits in Kosovo.
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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26 | Investment in Kosovo 2016
Taxation
General The tax year in Kosovo is the calendar
The tax system in Kosovo has been year. Corporations conducting business in
established during the last decade and is Kosovo are subject to CIT at a rate of 10%.
still being developed. The first legislative The following entities are subject to CIT:
act to introduce an independent Kosovo
tax system was the UNMIK Regulation on Corporations or other business
Tax Administration and Procedures which organizations which have the status of
entered into force in 2000. Since then, an legal entities under the applicable law
important goal of the Kosovo legislators in Kosovo
has been to harmonize the system with Business organizations operating with
EU legislation. publicly or socially owned assets
The Kosovo tax legislation provides for the Organizations registered as NGOs under
following taxes: the Regulation on the Registration
Corporate income tax (CIT) and Operation of Non-Governmental
Organizations in Kosovo
Personal income tax (PIT)
Permanent establishments in Kosovo of
Value added tax (VAT) non-resident persons.
Withholding tax (WHT) Kosovo residents are considered to
Custom duties comprise: corporations, groups of
corporations or organizations established
Excise tax in Kosovo or which have their place of
Local taxes. effective management in Kosovo.
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Investment in Kosovo 2016 | 27
3% of each quarterly gross income Income tax paid and accrued and any
from trade, transportation, agricultural interest or penalty incurred for late
or similar businesses but not less than payment
EUR 37.50 per quarter
Value added tax for which the taxpayer
9% of their annual gross income claims a rebate or credit for input tax
deriving from the provision of services,
Any loss from the sale or exchange of
vocational, entertainment and similar
property between related persons
activities but not less than EUR 37.50
per quarter Benefits in nature in the form of meals
and transport tickets, unless organized
10% of the net rental income for
by the taxpayer themselves
the quarter, reduced by any amount
withheld during that quarter. Pension contributions above the
maximum amount allowed by the
However, such taxpayers can choose to be
Kosovo Pension Law (i.e. exceeding
taxed on the basis of 10% of their actual
15% of the gross monthly salary)
taxable income (gross income minus
deductible expenses) by submitting a form Contributions made for humanitarian,
to the tax authorities. In such a case, the health, education, religious, scientific,
taxpayers need to prepare the related cultural, environmental protection and
financial statements and submit them to sports purposes, which exceed 5% of
the tax authorities on an annual basis. the taxable income
The corporate income tax is applied to Expenses for presents, other than
the income as calculated in the financial those having the name and logo of
statements and adjusted for tax purposes. the business, which are part of the
In determining the taxable income, representation expenses
expenses are deductible only if they
Representation expenses which exceed
are incurred wholly and exclusively in
2% of the total gross income
connection with the economic activity.
Expenses on rents of apartments
Some expenses are designated as non-
serving for accommodation and lodging
deductible in the Kosovo Law on Corporate
of resident and non-resident employees,
Income Tax, including:
regardless of the terms of contract of
Cost of land acquisition and employment or service
improvement
Contributions to reserve funds
Cost of acquisition, improvement,
Expenses which are not properly backed
renewal and reconstruction of assets
up by supporting documents.
which are depreciated or amortized
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28 | Investment in Kosovo 2016
Law on Corporate Income Tax, maximum registered under the Regulation on the
annual rates allowed for tax purposes Registration and Operation of Non-
are specified according to a separate tax Governmental Organizations granted
depreciation schedule. public benefit status to the extent that
the income is used exclusively for their
The straight-line method is applied for:
public benefit purposes
Buildings and other constructed
Income of the Central Bank of Kosovo
structures which are depreciated at a
and of entitled and duly authorized
5% rate
international inter-governmental financial
Automobiles and light trucks, heavy institutions operating in Kosovo
transport vehicles, other heavy
Dividends received by resident and non-
vehicles, computer peripherals and
resident taxpayers
other data processing devices, office
furniture and equipment, and others Interest on financial instruments which
which are depreciated at a 20% rate are issued or guaranteed by a public
authority of Kosovo paid out to resident
Plant and machinery, rolling stock and
or non-resident taxpayers
locomotives used for rail transport,
airplanes, ships, perennial plants and Income of eligible religious institutions
trees used for viniculture or production of Kosovo
of fruits and all other tangible assets
Income from a contractor or
not included in the first or second
subcontractor, other than a local
category are depreciated at a 10% rate.
contractor, generated from contracts
for the supply of goods and services
Amortization
to the United Nations, the Specialized
Expenditures on intangible assets which Agencies of the United Nations, KFOR
have a limited useful life such as patents, and the International Atomic Energy
copyrights, licenses, contracts and Agency
franchises are deductible in the form of
amortization charges. Income of a contractor or a
subcontractor but other than a local
The straight-line method is applied as a contractor generated from contracts
method of amortization and the allowance with foreign governments, their organs
is based on the useful life of the asset and agencies, the EU and its specialized
as determined by the legal agreement agencies, the World Bank, the IMF and
governing the acquisition and use of the other international inter-governmental
intangible asset. organizations for the supply of goods or
services in support of the programs and
Income exempt from corporate projects in Kosovo.
income tax
The following income is exempt from Losses carried forward
corporate income tax: Losses may be carried forward and may
The income of organizations be settled against future income for six
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Investment in Kosovo 2016 | 29
consecutive fiscal years. The losses have residence in Kosovo or (ii) are physically
to be settled according to the first loss present in Kosovo for more than 183 days
before the last one principle. in any 12-month period of time, and all
entities, individual business enterprises
Foreign tax credit and partnerships which are established
According to the tax legislation provisions, in Kosovo or have their place of effective
income taxes paid abroad by residents management in Kosovo.
are credited to the tax balance due in Kosovo resident individuals, individual
Kosovo up to the maximum amount of tax business enterprises and partnerships are
payable in Kosovo. Non-residents with a subject to personal income tax on their
permanent establishment in Kosovo can worldwide income, whereas non-resident
obtain an official document from Kosovos individuals, individual business enterprises
tax administration, certifying the amount of and partnerships are subject to tax only on
taxes they have paid, so this can be used income derived from a Kosovo source.
to obtain a credit if permitted by the foreign
tax authority. Personal income tax is levied on the
following categories of income:
Transfer pricing Wages
There are transfer pricing provisions in Business activities
Kosovo which allow the tax authorities to
Rents
adjust taxable income if the transactions
between related parties are not made at The use of intangible property
arms length. Interest
Capital gains
Special treatment of insurance
companies Lottery winnings and winnings in games
of chance
Companies, whose activity is the insurance
Pensions
or reinsurance of life, property, or other
risks, pay tax at a 5% rate of the gross Any other income which increases the
premiums accrued during the tax period, taxpayers net worth.
instead of corporate income tax.
Tax rates
Personal income tax The personal income tax rate system
Under Law No. 05/L-028 on Personal is a progressive tax system with a 10%
Income Tax effective from 1 September maximum tax rate. For each tax period,
2015, Kosovo tax residents comprise: personal income tax is charged at the
all individuals who (i) have their principal following rates:
Personal income tax (annual taxable income in EUR
0 960 0%
5,401 and over EUR 273.6 + 10% of the amount over EUR 5,400
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
30 | Investment in Kosovo 2016
The Assembly of Kosovo approved Law Certain supplies are considered VAT
No. 04/L-249 on Health Insurance in exempt with the right to credit the input
April 2014 which regulates the public VAT (e.g. the supply of services related
health insurance system. Accordingly, to international transport and supply of
the mandatory health insurance premium services outside the territory of Kosovo).
for employees and employers is 7% of
The taxable value of a taxable supply in
the gross income shared equally by the
Kosovo is the total consideration payable
employer and the employee (i.e. 3.5%
for that supply. For imports, the taxable
each). The start date for the collection of
value is the customs value plus customs
premiums will be separately confirmed by
duties, excise taxes and other charges
the Ministry of Health.
levied in customs.
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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Investment in Kosovo 2016 | 31
All VAT returns and other tax returns Goods imported by foreign diplomatic,
for all the past periods (months) have consular missions and their personnel
been submitted. (except for local personnel)
Based on the SAA, the gradual development It is unclear whether the DTT provisions
of the free trade zone between Kosovo and apply automatically in Kosovo or specific
EU is enabled within 10 years. According approval is to be obtained from the Kosovo
to the agreement, certain products, as set authorities. There are no specific internal
out in a list, originating from one of the rules in Kosovo on the implementation of
contracting parties countries may benefit the DTTs in force.
from a reduction in customs duties when According to Law No. 03/L-071 on Tax
imported in Kosovo. Administration and Procedures, if the
existing tax laws relating to the international
Local taxes juridical double taxation of income and
Local taxes are regulated by Law 03/L-049 capital of persons in the Republic of
on Local Government Finance. Kosovo do not address such taxation, the
principles of the Organization for Economic
Municipalities may impose the following
Cooperation and Development (OECD)
taxes and fees:
Model Tax Convention on Income and
Tax on immovable properties situated in on Capital apply in order to avoid double
their territory taxation of such income and capital.
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
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Investment in Kosovo 2016 | 33
Employment Regulations
Legislation Termination of employment
Relations between employers and contracts
employees in Kosovo are governed by the According to the Kosovo Labor Law, the
provisions of Law No. 03/L-212 on the Labor process of termination of employment
Law in Kosovo dated 1 November 2010. contracts differs based on the type of
the contract.
The Kosovo labor law has three priorities:
In case of termination of an employment
Employment regulation
contract with an unlimited period, the
Industrial relations parties notify each other through written
notice of:
Workplace safety.
7 days during the probation period of six
Employment regulations govern individual
months
employment contracts, including flexibility
of hiring through part-time and fixed-term 30 calendar days during the first six
contracts, conditions of employment months to two years of employment
encompassing the maximum number
45 calendar days during the first two
of working hours per day or per week,
years up to 10 years of employment
premiums for overtime work, paid annual
leave and the minimum wage. They 60 calendar days if the employee has
also regulate release of staff, including worked for the entity for more than
grounds for dismissal, notification rules for 10 years.
dismissal, priority rules for dismissal and
However, for all types of contracts,
severance pay.
immediate termination can occur at any time
for justifiable reasons. It is also possible that
Employment contracts
both parties may agree to terminate the
Generally, labor relations in Kosovo, as employment contract by mutual agreement.
well as the rights and obligations of the
employers and employees, are set out in Conditions of employment
employment contracts.
Working hours
An employment contract must be
concluded in writing. The first six months The Kosovo Labor Law provides that the
of employment can qualify as a probation normal workday must not exceed eight
period, which can be reduced or removed by hours per day or 40 hours per week. For
means of a written or collective agreement. employees who are less than 18 years old,
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
34 | Investment in Kosovo 2016
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 35
Government Control
Public procurement or authorization is required within the
Public procurement in Kosovo is subject to framework of a PPP. In addition, this Law
Law No. 04/L-042 on Public Procurement does not apply to service contracts or
in Kosovo and Law No. 04/L-045 on Public works contracts, as defined in the Law on
Private Partnerships. Public Procurement and to the privatization
or divestiture of public infrastructure or
The purpose of the Law on Public public owned enterprises pursuant to Law
Procurement is to ensure the most on Public Owned Enterprises.
efficient, cost-effective, transparent and fair
use of public funds and public resources in For matters not covered by this Law,
Kosovo by establishing the requirements the provisions of the Law on Public
and rules which are to be observed, the Procurement are applied.
procedures to be followed, the rights In the Law, a PPP is defined as any
to be respected, and the obligations to contractual of institutional cooperation
be performed by persons, economic between one or more public authorities
operators, undertakings, contracting and one or more private partners whereby
authorities, work concessionaires, the private partner:
and public bodies conducting, or
involved, participating or interested in, a Provides a public service or a public
procurement activity involving or relating to infrastructure on behalf of the public
the use of such funds and/or resources. authority
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
36 | Investment in Kosovo 2016
Competition law
The Kosovo competition protection system
is governed by Law No. 03/L-229 on
Protection of Competition dated
7 October 2010 (Competition Law or
the Law). Its main purpose is to define
the rules and measures for protection
of free and effective competition in the
market, including organization of the
Competition Authority and procedures
concerning implementation of this Law.
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a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 37
Appendix A
Important Links
Assembly of Kosovo
http://www.assembly-kosova.org/
Office of the Prime Minister of Kosovo
http://www.kryeministri-ks.net
Ministry of Trade and Industry
http://www.mti-ks.org/
Ministry of Finance
http://mf.rks-gov.net/
Ministry of Economic Development
http://mzhe.rks-gov.net
Ministry of Education, Science and Technology
http://masht.rks-gov.net/
Ministry of Agriculture, Forestry and Rural Development
http://www.mbpzhr-ks.net
Ministry of Labor and Social Welfare
http://mpms.rks-gov.net
Ministry of Infrastructure
http://mi-ks.net/
Ministry of Environment and Spatial Planning
http://mmph-rks.org/
Ministry of Public Administration
http://map.rks-gov.net
Central Bank of the Republic of Kosovo
http://www.bqk-kos.org
Independent Commission for Mines and Minerals
http://www.kosovo-mining.org/
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
38 | Investment in Kosovo 2016
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
Investment in Kosovo 2016 | 39
kpmg.com/al
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such information without appropriate professional advice after a thorough examination of the particular situation.
The KPMG name and logo are registered trademarks or trademarks of KPMG International.
2016 KPMG Albania Shpk Kosovo Branch,a branch of KPMG Albania Shpk, an Albanian limited liability company and a
member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.
2016 KPMG Albania Shpk Kosovo Branch, a branch of KPMG Albania Shpk, an Albanian limited liability company and
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the KPMG network of independent member firms affiliated with KPMG International Cooperative
(KPMG International), a Swiss entity. All rights reserved.