Law on electronic invoicing adopted
The newly adopted Law on Electronic Invoicing (“Official Gazette of the Republic of Serbia”, No. 44/2021) entered into force on May 7, 2021.
The Law regulates the subject of electronic invoicing, the procedure of electronic invoicing, the content of the electronic invoice, electronic invoicing payers and other issues that are important for electronic invoicing.
Electronic invoices are issued through a system of electronic invoices, which is an information – technology solution managed by a central information intermediary (competent unit within the Ministry of Finance) through which electronic invoices are sent, received, recorded, processed and stored. The Law allows direct use of the said system as well as use through an information intermediary (based on a concluded contract).
The Law introduces the obligation to issue electronic invoices for private sector entities (value added tax payers), public sector entities and tax agents of a foreign entities in the RS on the basis of transactions with private and public sector entities.
The obligation to issue an electronic invoice does not exist for: retail trade and received advance for retail trade; a contractual obligation directed towards the beneficiaries of funds arising from international framework agreements; procurement, modernization, overhaul of weapons and military equipment, procurement of security-sensitive equipment, as well as related procurement of goods, services or works.
In addition to the obligation to issue electronic invoices, the Law also states a special obligation to electronically record the calculation of value added tax in the system of electronic invoices.
Mandatory use of the system of electronic invoices for issuing, sending, receiving and storing electronic invoices is prescribed for public and private sector entities, and after reporting, its use can be accessed by voluntary users (taxpayer of corporate income tax and corporate taxpayer, who are not VAT payers), in the manner prescribed by the Law.
Pursuant to the Law, from January 1, 2022, public sector entities will be obliged to receive, store and issue electronic invoices among themselves, as well as to record the calculation of value added tax, and from July 1, 2022, in relations in which a private sector entity appears as one party.
The obligation of a private sector entity to issue an electronic invoice to a public sector entity, in accordance with this Law, shall apply from January 1, 2022. The obligation of a private sector entity to receive and keep an electronic invoice issued by a public sector entity, as well as electronic invoices issued by a private sector entity, shall apply from July 1, 2022.
The obligation to issue and keep electronic invoices in transactions between private entities, that is in the private sector, as well as the obligation to electronically record tax calculations, will be valid from January 1, 2023.
The Law also regulates the Serbian standard of electronic invoicing, which is applied when issuing and receiving electronic invoice as well as the possibility of (direct) receiving electronic invoices issued by a foreign person in accordance with European standards, and in which transaction the public sector entity appears as the recipient. Compliance of the electronic invoice with the Serbian standard of electronic invoicing implies that the electronic invoice contains the basic elements prescribed by law, as well as that it is in accordance with the format and other elements of the Serbian standard of electronic invoicing. The Minister of finance shall regulate in more detail the manner of application of electronic invoicing standards.
The Law exhaustively lists the usual elements of the invoice, and the act of the Ministry of finance will prescribe the minimum content required for its processing, cases in which certain elements may be omitted, cases in which additional elements are required, as well as the form and manner of delivery of accompanying documentation through a system of electronic invoices.
An electronic invoice is a credible document if it is sent by the issuer of the electronic invoice or if it is sent by an information intermediary on his behalf to the recipient of the electronic invoice via the electronic invoice system.
The Law regulates a central information intermediary as an entity responsible for the management and functioning of the said system, which maintains a Register of information intermediaries that have previously obtained the consent of the Ministry of finance. An act of the Government shall regulate in more detail the procedure and conditions for giving and revoking the previously mentioned consent.
The electronic invoices issued or received by a public entity shall be stored permanently in the system of electronic invoices, while the retention period of ten (10) years applies to invoices issued or received by private entities.
For non-compliance with the provisions prescribed by this Law, fines in the amount of 200,000 to 2,000,000 RSD are envisaged.
Bylaws for the implementation of this Law shall be adopted within 6 (six) months from the day the Law enters into force.
For all questions and additional information on the application of the Law, you can contact us at the e-mail address office@ctlegal.rs.
