Serbia: Serbia clarifies registration of foreign entities for VAT purposes

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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

Serbia: Serbia clarifies registration of foreign entities for VAT purposes

Rafailovic

Aleksandra Rafailovic

On May 23, 2016, the Serbian Ministry of Finance announced its clarifying opinion on the tax representation of a non-resident entity for the purpose of implementing the Law on Value Added Tax and the obligation to register for VAT.

Although the concept of tax representatives for non-residents existed in previous versions of the VAT Law, the latest amendments to the Act, adopted in October 2015, define conditions that VAT representatives should fulfill. It also allows non-residents providing goods and services in the Republic of Serbia to register for VAT via a proxy. Instructions on the process of registration were further described in the opinion issued by the finance ministry on May 23.

The criteria that tax representatives must fulfil includes mandatory registration in Serbia, having a VAT taxpayer status for at least the last 12 months, no tax arrears, and no convictions for a criminal tax offense. The decision on eligibility is issued by the Tax Administration within 15 days after completing the VAT representative registration process on the tax authority's website.

Today, only a limited number of companies are registered as VAT tax representatives for foreign entities. This is most likely because of the joint and severe responsibility for all obligations of the foreign entity that arises for VAT representatives. In addition, even though the rulebook and opinion explain most of topics, some practical aspects are still left unclear – including details about procedures for payments and VAT refunds.

Having all this in mind and considering that registration is not mandatory, but rather on a voluntary basis, it remains to be seen whether this new facility will be increasingly used by non-resident entities and their resident associates, or whether the VAT burden will remain with the domestic recipients of goods and services.

Aleksandra Rafailovic (aleksandra.rafailovic@eurofast.eu)

Eurofast, Serbia Office

Tel: +381 11 3241 484

Website: www.eurofast.eu

more across site & bottom lb ros

More from across our site

ITR’s most interesting stories of the year covered ‘landmark’ legal battles, pillar two, AI’s relationship with transfer pricing and more
Chinwe Odimba-Chapman was announced as Michael Bates’ successor; in other news, a report has found a high level of BEPS compliance among OECD jurisdictions
The tool, which will automatically compute amount B returns, requires “only minimal data inputs”, according to the OECD
The rules are intended to implement the substance of an earlier OECD report in its entirety
While new technology won’t replace the human touch, it could help relieve companies’ staffing issues, EY’s David Helmer and Daren Campbell tell ITR
The firm said the financial growth came from increased demand for its AI services and global tax reform advice
Chrystia Freeland had also been the figurehead of Canada’s controversial digital services tax adoption, which stoked economic tensions with the US
Panama has no official position on pillar two so far and a move to implement in Costa Rica will face rejection, experts tell ITR
The KPMG partner tells ITR about Sri Lanka’s complex and evolving tax landscape, setting legal precedents through client work, and his vision for the future of tax
Overall turnover at the firm also reached a record £8 billion; in other news, Ashurst and Dentons announced senior tax partner hires
Gift this article