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Amendments to Certain By-Laws Passed to the Law on Electronic Invoicing

Amendments to Certain By-Laws Passed to the Law on Electronic Invoicing

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Several amendments to the by-laws passed to the Law on Electronic Invoicing (“the Law”) are published in the Official Gazette of the Republic of Serbia no. 46 dated 8 April 2022, i.e.:

  • Regulation on Conditions and Manner of Using the Invoice Management System;
  • Regulation on Conditions and Manner of Keeping and Making Available Electronic Invoices and Manner of Ensuring the Authenticity and Integrity of the Contents of Paper Form Invoices;
  • Rulebook on Elements of Electronic Invoice, Form and Manner of Delivery of Accompanying and Other Documentation through the System of Electronic Invoices, Manner and Procedure of Electronic Recording of Value Added Tax Calculation in the System of Electronic Invoices and Manner of Application of Electronic Invoicing Standards; and
  • Rulebook on Manner and Procedure of Registration for Access to the Electronic Invoice System, Manner of Access and Use of the Electronic Invoice System and Manner of Using the Data Available in the Electronic Invoice System.

Amendments to the Regulation on Conditions and Manner of Using the Invoice Management System

Pursuant to the amendment introduced in Article 6, paragraph 2. of this Regulation, a public sector entity that has several levels of consent and does not have its own system or part of an invoice management system, may receive electronic invoices through the invoice management system prior to 1 May 2022, and at the earliest from 11 April 2022.

Amendments to the Regulation on Conditions and Manner of Keeping and Making Available Electronic Invoices and Manner of Ensuring the Authenticity and Integrity of the Contents of Paper Form Invoices

A similar change was made in the second above-mentioned Regulation, which in its Article 6, paragraph 2. now prescribes that public sector entities and private sector entities from Article 2 of the Law (value added tax payer, except public sector entities), as well as voluntary users of the electronic invoice system referred to in Article 2 of the Law (taxpayer of the self-employment tax and taxpayer of the corporate income tax, except for public and private sector entities that have applied for the use of electronic invoice system in accordance with the Law and to which provisions of the Law applicable to private sector entities are applied accordingly) may use the system of electronic invoices in accordance with the Law before 1 May 2022, and no earlier than 11 April 2022.

Amendments to the Rulebook on Elements of Electronic Invoice, Form and Manner of Delivery of Accompanying and Other Documentation through the System of Electronic Invoices, Manner and Procedure of Electronic Recording of Value Added Tax Calculation in the System of Electronic Invoices and Manner of Application of Electronic Invoicing Standards

As regards the amendments to this Rulebook, the following novelties have been introduced thereto:

  • Article 2a has been added, according to which the electronic invoice system processes the electronic invoice which is final, advance, document on fee increase or document on fee reduction, whereby the final invoice is issued on the basis of performed turnover of goods and services, and advance invoice is issued based on received advance payment for future supply of goods and services;
  • Article 5 has been added to stipulate that the issuer in the electronic invoice system cancels an electronic invoice that should not have been issued or was issued incorrectly; and
  • Article 8a has been added, according to which the calculation of value added tax from Article 4, paragraph 2. of the Law is corrected by the taxpayer in the electronic invoice system in case the VAT calculation is incorrectly recorded, while the taxpayer will cancel the respective calculation in the electronic invoice system in case it should not have been recorded.

Amendments to the Rulebook on Manner and Procedure of Registration for Access to the Electronic Invoice System, Manner of Access and Use of the Electronic Invoice System and Manner of Using the Data Available in the Electronic Invoice System

Pursuant to the amendments to the subject Rulebook, made by adding paragraphs 4. and 5. to Article 11 thereof, public sector entities and private sector entities, as well as voluntary users of the electronic invoice system (as defined by the Law), may use the respective system in accordance with the Law before 1 May 2022, and no earlier than 11 April 2022, whereby the use of data from the electronic invoice system referred to in Article 10 of this Rulebook will be enabled before 1 May 2022, and no earlier than 11 April 2022.

All the aforesaid changes became effective on the day following their publication, i.e., on 9 April 2022.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.

By Lara Maksimovic, Senior Associate, and Andrea Arsic, Associate, PR Legal

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