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Financial support program for fiscalization taxpayers and amendments to the Law on Fiscalization

In the Official Gazette of RS No. 95 as of October 1st, 2021 the Decree on Determining the Program of Financial Support to Fiscalization Taxpayers for the Harmonization of Business Operations with the Law regulating Fiscalization (hereinafter: the “Decree“), enacted by the Government of the Republic of Serbia, was published.

The right to use financial support, in accordance with the Decree, is given to the taxpayers established and registered with the competent register as of October 29th, 2021 on the basis of business premises for which the Tax Administration has assigned a unique mark of business premises.

The fiscalization taxpayer in the sense of the law governing fiscalization is every taxpayer of income tax from self-employment and every taxpayer of corporate income tax, which performs retail trade.

The existing fiscalization taxpayer may exercise the right to financial support for each reported business premises in the amount of 100 euros in dinar equivalent at the middle exchange rate of the National Bank of Serbia on the day the Decree enters into force, as well as financial support for each reported active fiscalized fiscal cash register in the amount of 100 euros in dinars at the middle exchange rate of the National Bank of Serbia on the day the Decree enters into force.

A new fiscalization taxpayer (who is not a taxpayer under the Law on Fiscal Cash Registers, but is under the new Law on Fiscalization) can exercise the right to financial support for each registered business premises in the amount of 100 euros in dinars at the middle exchange rate of the National Bank Serbia on the day the Decree enters into force, as well as financial support for one electronic fiscal device in the amount of 100 euros in dinars at the middle exchange rate of the National Bank of Serbia on the day the Decree enters into force, for each registered business premises.

The fiscalization taxpayer submits to the Tax Administration a Statement of Interest for financial support for fiscalization through the ePorezi portal, starting from October 15, 2021 until January 31, 2022, and after the Tax Administration assigns a unique mark of business premises for which a statement of interest is submitted.

The Tax Administration checks the fulfillment of the conditions for granting financial support and determines the amount of financial support for taxpayers who have submitted a statement in accordance with the Decree. The Treasury then transfers the funds to the beneficiaries of financial support to the business accounts specified in the statement for granting financial support.

The taxpayer loses the right to financial support if, within six months from the beginning of the application of the law governing fiscalization, recording retail trade through an electronic fiscal device in the business premises for which financial support for fiscalization has been granted is not initiated, in the amount related to the financial support received in connection with the business premises in which recording of the retail trade was not initiated.

The taxpayer who loses the right to use financial support, is obliged to return the funds to a special account opened for that purpose with the Treasury in the amount allocated to him on that basis with interest calculated at the rate at which interest is calculated for delay in payment of tax liabilities starting from the day when the financial support was paid, no later than five days from the day of losing the right to financial support.

In the Official Gazette of the Republic of Serbia no. 96 from October 8th, 2021 the Law on Amendments to the Law on Fiscalization (“Official Gazette of the RS”, No. 153/2020 and 96/2021, hereinafter: the “Law“) was also published, which introduces a transitional period from November 1st, 2021 until April 30, 2022 in which taxpayers will be obliged to switch to a new way of fiscalization.

In addition, the new amendments change the date from which the Law shall be applied, from January 1st, 2022 to November 11th, 2021.

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