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"Bankers" cheated to get money, Prosecution: 244 million lek were illegally benefited from VAT crediting
2025-08-02 21:26:02 / AKTUALITET
The voluminous report of the Fier Prosecutor's Office, which is discussing transferring the file to SPAK, highlights other violations that the concession company Bankers Petroleum has committed with its 20-year oil concession in Albania.
Here is what the report says: "From the verification of tax audits carried out for the period January 2018 - December 2018 and the period January 2019 - December 2019 regarding VAT reimbursement, it has resulted that the company "Bankers" is suspected of having benefited in violation of the law from VAT crediting for these years in the amount of 244 million lek. It is suspected that the company has committed actions that constitute legal violations with fiscal effects, specifically: in terms of taxation, it is suspected that it has committed unjustified and fictitious increases in expenses by burdening the accounting in violation of the "On Income Tax". Actions that have led to and have been used by the company to reduce the value by 5.1 billion lek year after year and to remove the taxable profit base and avoid the taxpayer's obligation to declare and pay Profit Tax".
According to the Prosecution's investigative file, the company "Bankers Petroleum Albania Ltd" is suspected of having unfairly benefited from a VAT refund, in violation of the requirements of the law, in the amount of 244 million lek.
A significant portion of the above violations are suspected to have been committed in a continuous, systematic manner, despite the fact that many of the issues related to these violations have been addressed in previous audits and have been repeated requests by AKBN.
On this basis, it is suspected that the violations found by the above institutions with tax effects were intentionally committed by the company for benefits in its own interest, but also of other entities and companies.
"The active actions are suspected of being undertaken intentionally and with the aim of deceiving state authorities in order to benefit unfairly and illegally. Based on these facts and evidence ascertained and verified by the above institutions and tax authorities, it results that there is reasonable suspicion based on evidence of the commission of the criminal offense of 'Hiding income', committed in collaboration."
The prosecution has concluded that Bankers committed actions that led to the avoidance of tax obligations to the detriment of the state budget, in the amount of 244 million lek.
Legal violations that have been identified with reduced VAT credit:
In the supply and transport of goods, it was found that the invoices issued for these supplies were not issued at the time the service was provided, thus in violation of the requirements of the law. Article 99 of Law No. 92/2014, paragraph 4, states that: “…The taxable person who supplies services is obliged to issue an invoice for that supply at the time the services are provided.”
From the analytical verification of the above-listed purchases it results that the purchase invoices do not present sufficient identification data for the purchased goods, or the elements that must be completed either in the invoice or in the accompanying documents, on the basis of which the accuracy of the company's declarations can be verified. These requirements are even more necessary in the case where purchases with three consecutive invoices were made within the same date for items of the same nature.
For all construction works carried out and non-compliance with legal requirements: from the analytical verification of the above-listed purchases, it results that the purchase invoices do not present sufficient identification data for the purchased goods, or the elements that must be completed either on the invoice or in accompanying documents, on the basis of which the accuracy of the company's declarations can be verified.
Only the value of the standby day was invoiced and no service was provided by this company for this period. Under these conditions, the billing of the standby days was not carried out in function of the activity for which the company was foreseen. For the above period, this company has invoiced 100% “Stand by” service, i.e. not providing any service in function of the activity.
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