Serbia: Serbia adopts amendments to VAT Law

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Serbia: Serbia adopts amendments to VAT Law

Rafailovic

Aleksandra Rafailovic

The Serbian parliament adopted the Law on Amendments to the Law on VAT (Official Gazette of RS, No. 108/2016) on December 28 2016. The Law entered into force on January 1 2017 and the greatest impact of this Law will be felt by companies trading across borders.

The most significant change is the amendment to the criteria for determining the supply of services, as a result of further harmonisation with EU regulations and the avoidance of double taxation or non-taxation of certain services between resident and non-resident legal entities. This provision will be applied from April 1 2017. Essentially, with the changes, the rules will differ depending on whether the service is provided to VAT payers or to entities that are not VAT payers.

Another very important change is the postponement of the obligation to submit overviews of calculation along with the VAT tax return until January 1 2018. This has been deemed to be the most optimal solution, considering that the solution offered by the new Rulebook (Official Gazette of RS, No. 80/2016) caused a stormy reaction from the professionals due to the overwhelming reporting requirements.

The Law also amends provisions relating to the determination of the tax debtor for turnover carried out by foreign entities and their obligation to determine the VAT representative and register in the VAT system. The new provisions stipulate that the tax debtor with an obligation to calculate VAT for such supply is the recipient of goods and services provided in Serbia by a foreign entity that is not registered for VAT.

If a foreign entity is performing the taxable supply of goods and services in Serbia, it must appoint a tax representative and register in the VAT system, irrespective of the amount of turnover. This obligation is waived if the turnover is performed exclusively to VAT taxpayers, public administration entities, or entities that provide passenger transport services by bus.

The implementation of the provisions on representatives and the registration for VAT for foreigners is now supported with an amendment of the Law on Tax Procedure and Tax Administration, which provides for penalties ranging from RSD 100,000 ($857,000) to RSD 2 million for non-compliance.

The definition of permanent establishment (PE) under the Law on VAT is specified as being any organisational unit of a legal entity that can perform commercial activity, meaning that the foreign entity and its PE may be treated as two separate taxpayers.

There has also been a change to the requirements for deducting input tax, which means that the recipient does not need to have an invoice to exercise the right to deduct input tax in the following cases:

  • Supply of goods and services in the construction industry;

  • Supply of electricity and natural gas through networks for further selling;

  • Supply of secondary raw materials and related services; and

  • Supply of buildings.

Finally, the time of supply of electricity, natural gas, and energy for heating through networks to other entities for further selling is determined to be the date of the reading/measurement for calculation purposes, and the application of a special rate of 10% for firewood is extended to wood briquettes, pellets, and other similar products from biomass.

Aleksandra Rafailovic (aleksandra.rafailovic@eurofast.eu)

Eurofast, Serbia Office

Tel: +381 11 3241 484

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

India also brokered its first-ever multilateral APA last year, the Central Board of Taxes announced
A global tax framework may not materialise anytime soon, but a common set of principles is becoming increasingly necessary, Rudolf Winkenius also tells ITR
Kingsley Napley’s claimants are arguing that taxing the provision of education breaches the European Convention on Human Rights
While pillar two can progress without the US, it won’t reach the same heights without American involvement, argues Renáta Bláhová, founding partner of BMB Partners Taxand
There are unanswered questions as to how foreign investors could reclaim money via tax credits, advisers suggested
Amid an ever-changing tax environment, India’s advisory market is bustling with competition ahead of the 2025 World Tax rankings and ITR Awards
The deal comes after PwC had accused Paul McNab of using confidential information; in other news, McDermott hired a new London tax head from a US rival
Looking at transfer pricing simplification is “obviously helpful”, but it should be done in line with current standards, a senior government figure reportedly said
The UK Government’s plans to close the tax gap via increased HM Revenue and Customs investment have failed to impress local tax advisers
Under the merged scheme for R&D tax relief introduced last year, rules on contracted out R&D have changed. James Dudbridge argues for a proactive approach when reviewing companies’ commercial arrangements
Gift this article