Archive for year: 2022

Here is the list of the key amendments to the Law on Electronic Invoicing and the Law on Fiscalization:

Electronic invoicing (changes take effect on 1.1.2023):

• It has been introduced that an eInvoice that has been rejected can be subsequently accepted (for eInvoices recorded in the CRF, this provision will be applied from June 1, 2023)
• The obligation to issue an eInvoice for the sale of goods and services free of charge has been abolished
• It is specified that the provisions of this law do not apply to natural persons who are not liable for income tax from self-employment
• The definition of the term “public sector subject” has been harmonized
• If there is a temporary interruption in the work of the SEF, the eInvoice is considered delivered at the time of the re-establishment of the electronic invoice system.
• It has been clarified which entities have the obligation to register VAT electronically in the SEF. Namely, persons who are considered tax debtors (in terms of the VAT Act), but who are not in the VAT system and have not registered as voluntary beneficiaries, are exempt.

Fiscalization (changes entered into force on 20.12.2022):

• The connection of SUF and SEF was introduced, so that the data contained in the Fiscalization Management System (SUF) related to fiscal invoices issued to legal entities, i.e. self-employed income tax payers, are transferred to the System of Electronic Invoices (SEF) – a secondary legal act will be adopted within 180 days from the date of entry into force of this law
• Another exception to the rule has been introduced, which refers to the mandatory use of at least one electronic fiscal device that uses its own fiscal account processor in a retail establishment. This includes taxpayers who are subject to fiscalisation, who occasionally carry out retail sales of their own used movable tangible assets.
• It is defined that the turnover of goods and services that the taxpayer is subject to fiscalization to legal entities, i.e. taxpayers of income tax from self-employment, outside their retail establishment is not considered retail turnover

Based on Article 61, Paragraph 3 of the Law on Corporate Income Tax, the Minister of Finance adopted the Rulebook on interest rates that are considered to be in line with the “arm’s length” principle for the year 2022:
According to Article 2 of this rulebook:

1) for banks and providers of financial leasing:

(1) 0.50% on short-term loans in RSD;
(2) 2.86% on long-term loans in RSD;
(3) 2.75% on loans in EUR and dinar loans indexed in EUR;
(4) 3.91% on loans in USD and dinar loans indexed in USD;
(5) 2.61% on CHF loans and dinar loans indexed to CHF;
(6) 3.96% on loans in SEK and dinar loans indexed in SEK;
(7) 1.88% on loans in GBP and dinar loans indexed in GBP;
(8) 2.31% on loans in RUB and dinar loans indexed in RUB;

2) for other companies:

(1) 3.12% on short-term loans in RSD;
(2) 3.39% on long-term loans in RSD;
(3) 2.25% on short-term loans in EUR and dinar loans indexed in EUR;
(4) 2.73% on long-term loans in EUR and dinar loans indexed in EUR;
(5) 6.94% on short-term loans in CHF and dinar loans indexed in CHF;
(6) 1.85% on short-term loans in USD and dinar loans indexed in USD;
(7) 3.54% on long-term loans in USD and dinar loans indexed in USD.

Interest rates also apply to loans.

A new edition of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations was published in 2022.

The new release contains the following changes:

• In Chapter II, which refers to the application of profit split method, it is explained exactly where the profit sharing method is applicable
• In Chapter VI, an annex was added that refers to hard to value intangibles
• A new chapter X is added which is related to financial transactions

The Tax Administration is 27.6.2022. published a Notice on the calculation of depreciation of fixed assets, which contains an example of calculation and presentation of data in the OA Form.

The calculation of depreciation of fixed assets in the manner prescribed by Article 10 of the Law on Corporate Income Tax is applied in accordance with Article 14 of the Law on Amendments to the Law on Corporate Income Tax on Fixed Assets Acquired as of December 31, 2018. year, ie concluding with the last day of the tax period that begins in 2018, and for fixed assets classified in groups II-V at the latest on the calculation of depreciation of these assets as of 31.12.2028. year, ie the last day of the tax period that begins in 2028.

If, by applying the above rule, the final balance is determined in an amount less than the amount obtained by applying the rate:

of 10% for group II,

rates of 15% for group III,

rates of 20% for group IV, and

rates of 30% for group V,

on the balance determined on 31.12.2018. year, ie on the last day of the tax period starting in 2018, the entire balance of the group is recognized as a depreciation expense, due to which the amount in column 7 of the OA form is equal to the unwritten value from column 5, while in column 8 the value is zero. The opening balance at the beginning of the following year is equal to the carrying amount at the end of the previous year.

At the end of April, the regulations were changed in such a way that cash, payment cards, check and instant payment are considered cash for the purposes of fiscalization.

However, on May 12, 2022, the Minister of Finance amended that part of the rulebook again, and published the Official Gazette on the same day, so that it came into force on May 13, 2022. According to the new change, the old change is valid only for those who hand over food and beverage services for consumption on the spot in terms of regulations governing value added tax and food and beverage sales in the bakery (caterers and bakers).

For all other taxpayers, cash is not considered instant payment, payment card and check, so there are the following methods of payment for them:

1) CASH – if payment is made in cash (banknotes and coins)

2) INSTANT PAYMENT by instant transfer of approval at the point of sale

3) PAYMENT CARD – if payment is made by payment card

4) CHECK – if payment is made by check

5) TRANSFER TO ACCOUNT – if payment is made by payment order or transfer order

6) VOUCHER – if payment is made by voucher, money vouchers, internal cards or similar means of payment

7) OTHER NON-CASH PAYMENT – if the payment is made non-cash by another means of payment that is considered allowed in the Republic of Serbia, in accordance with the law.

Amendments to the Rulebook on Fiscal Accounts entered into force on the day of publication in the Official Gazette. glasnik RS, No. 50/22 of 28 April 2022.
According to the amended Article 6, paragraph 1, item 1) of the Ordinance, the taxpayer, via an electronic fiscal device, within the data on the method of payment on the fiscal account, depending on the means of payment by which the buyer pays for delivered goods or services, states CASH if payment performs:
• cash (banknotes and coins),
• instant transfer of approval at the point of sale,
• payment card and
• check.

Therefore, the taxpayer through the electronic fiscal device, within the data on the method of payment, on the fiscal invoice states one of the following data, depending on the means of payment:
• cash – if payment is made in cash, instant transfer of approval at the point of sale, payment card and check
• transfer to account – if payment is made by payment order or transfer order
• voucher – if payment is made by voucher, voucher, internal card or similar means of payment
• other non-cash payment – if the payment is made non-cash by another means of payment that is considered allowed in the Republic of Serbia.

In case the customer pays using more than one method of payment, the taxpayer, through the electronic fiscal device, within the data on the method of payment, may specify more data on the fiscal invoice, and is obliged to show the amounts paid divided by individual methods. payments.

Also, the Decree on determining the activities for which there is no obligation to record retail trade via electronic fiscal device was amended, which extended the transitional period for sellers on market stalls and similar facilities during which they have no obligation to record retail turnover via electronic fiscal device until the end of 2022.

Due to the extremely large number of requests received so far for approval of the List of categories of archival material and documentary material with retention periods, as well as approaching the legal deadline for submitting transcripts of archival books, and due to lack of adequate technical and personnel capacity, the Historical Archive of Belgrade until further notice, it receives new documentation, in the only way applied so far – exclusively in writing.

In order to adequately solve this problem, at the moment, in cooperation with eGovernment, we are working on establishing an adequate e-service that will receive documentation in electronic form.

Until all creators and holders have the opportunity to submit the mentioned documentation related to the Law on Archival Material and Archival Activities, the Archives of Belgrade will not implement the punitive measures specified by the Law on this issue.

Requests received so far are continuously processed and delivered in accordance with the mentioned possibilities.

A new demo version of the Electronic Invoice System is available at: demoefaktura.mfin.gov.rs
All private sector entities are invited to register for the new demo version of the Electronic Invoice System.
The production version of the Electronic Invoice System is available at: efaktura.mfin.gov.rs
From the moment of registration, they apply all rights and obligations prescribed by the Law on Electronic Invoicing (“Official Gazette of RS”, No. 44/21 and 129/21). Among other things, this means that all sent and received electronic invoices have the status of authentic documents.

Important notes:
The generated API key refers exclusively to the environment in which it was generated.

All additional information related to:

1. Updated internal technical manual
2. Updated specification of the adapted application of standard EN 16931-1
3. Updated examples of XML files according to UBL1 standard
   They can be downloaded from the section Instructions / Instructions and Specifications of the portal www.efaktura.gov.rs

Individuals who earned more than 3,268,224 dinars in 2021 have the obligation to file a tax return for the annual personal income tax and pay the tax.

More details: Tax Alert 26.02.2022.

December 27, 2021/in News /by krestonmdm

Average gross salaries and wages calculated for November 2021 amounted to 95.312 RSD, while average net salaries and wages amounted to 69.136 RSD.

Increase of gross salaries and wages in the period January – November 2021, relative to the same period last year amounted to 9.1% in nominal terms, i.e. 5.2% in real terms. Simultaneously, net salaries and wages increased by 9.3% in nominal terms and by 5.4% in real terms. 

Compared with the same month last year, average gross salaries and wages for November 2021 increased by 13.2% in nominal terms and by 5.3% in real terms, while average net salaries and wages increased by 13.5% in nominal terms and by 5.6% in real terms.

Median net salaries and wages for November 2021 amounted to 51.782 RSD, meaning that 50% of employees realized wages and salaries up to the mentioned amount.

SOURCE: Statistical Office of the Republic of Serbia