The Fier Prosecutor's Office has sent the company Erblen sh.pk and its administrator to trial, after they evaded about 9 million lek in taxes. The investigation against this company began on February 14, 2020, and the prosecution is now sending the file for trial with the charge of "Non-payment of taxes and duties."
According to the investigation, the company Erblen sh.pk, whose object of activity is the construction of housing, roads and infrastructure, had a tax liability of 8,884,799 lek. Although administrative measures were taken to collect the liabilities, the administrator Ardjan Kumanaku did not pay them.
According to the prosecution, the entity in question had the financial means to pay these obligations, but the administrator avoided paying taxes even though significant amounts of money were transferred and withdrawn from the company's bank accounts.
During this time, the Fier Prosecutor's Office says that administrator Kumanaku immediately withdrew cash from the company's accounts, avoiding tax obligations.
Full announcement from the Fier Prosecutor's Office
The Prosecutor's Office at the First Instance Court of General Jurisdiction in Fier has completed the investigations and sent the company Erblen shpk and its administrator, citizen Ardjan Kumanaku, to trial for the criminal offense of 'Non-payment of taxes and duties', provided for by Article 181 of the Criminal Code.
From the investigations within the framework of criminal proceedings no. 176 dated 14.02.2020, it was proven that the company Erblen Sh.pk, carries out its commercial activity with the object of activity, among others, "Design and implementation of the construction of multi-storey apartments, road and infrastructure works, civil and industrial constructions, etc." During the exercise of the activity, tax liabilities have arisen against the company which have not been paid with a total value of 8,884,799 lek.
The investigations proved that although a tax liability had been identified against this entity, administrative measures had been taken in order to collect the liability, the company administrator did not pay it. The prosecution documented the fact that the entity was in a solvency situation since considerable amounts of money were transferred, deposited, and withdrawn in cash from the entity's account during the time the liability existed. Likewise, it was documented that during this period, the company administrator not only failed to take the necessary measures to pay the liabilities, but that he actively took actions by withdrawing cash from the company's bank account, as soon as the amounts were deposited into the account.
At the conclusion of the investigations based on Law No. 9754, dated 14.6.2007, "On the Criminal Liability of Legal Persons", and Article 181 of the Criminal Code, the Prosecutor's Office at the First Instance Court of General Jurisdiction in Fier has sent for trial criminal proceedings No. 176 of 2020, charging the defendants, the company "Erblen" Sh.pk, and its administrator, citizen Ardjan Kumanaku, with the charge of committing the criminal offense "Non-payment of taxes and duties" provided for by Article 181 of the Criminal Code.
In addition, the Prosecutor's Office at the First Instance Court of General Jurisdiction in Fier expresses its full commitment to continuing the investigations of group crimes related to taxes and duties and fulfilling the legal obligations that the subjects have towards the state.