The Law on Electronic Invoicing (“Official Gazette of RS”, No. 44/2021, 129/2021, 138/2022 and 92/2023) applies in the field of electronic invoices in transactions between public and/or private sector entities and electronic tax recording on added value (“VAT“).
In the period so far, the Law on Electronic Invoicing has undergone several changes, the most significant of which is the change in 2023, which stipulates the obligation to record the previous tax in the SEF, starting from the tax period following 31/08/2024, i.e. from the September 2024 tax period for monthly VAT payers, and from the October-December 2024 tax period for quarterly VAT payers. In order to start implementing this obligation, numerous amendments were made to the Rulebook on electronic invoicing, the last of which was published in the Official Gazette of the RS, number 65/2024 of 02/08/2024 (“Rulebook”).
Amendments to the Rulebook on electronic invoicing will apply from September 1, 2024, except for the provisions related to the electronic recording of the previous tax, which will be applied for the first time to the tax periods determined by the VAT Law starting after 31/08/2024.
In the area of how to access and use the system of electronic invoices (“System“), a new Article 9a has been added, according to which users of the System can, when using the System, and according to whether they are liable for VAT or not, determine their status.
Users of the system who are liable for VAT, when submitting their VAT return, specify the tax period for which they submit it, which can be a calendar month or a calendar quarter.
In the electronic invoice, the tax categories are marked with letters indicating the VAT treatment of the transaction. In addition to the previously specified, four letter designations were added:
- S20 – standard calculation of VAT at the rate of 20%;
- S10 – standard calculation of VAT at the rate of 10%;
- AE20 – reverse calculation of VAT at the rate of 20%;
- AE10 – reverse calculation of VAT at the rate of 10%.
The electronic recording of VAT calculations in the tax invoice system is performed by the tax debtor and it is performed collectively, that is, individually, by entering certain data into individual and collective records, within 10 days after the end of the tax period.
Advance tax means VAT that was calculated in the previous phase of turnover, i.e. paid during import, which the taxpayer can deduct from the VAT he owes, and the amendments to the Rulebook regulate the method of electronic recording of advance tax (“EE PP“).
EE PP is performed collectively for the tax period, within 10 days from the end of the tax period, both from the VAT payer-tax debtor and from the foreign person-VAT payer.
Article 286a of the Rulebook prescribes the record of previous tax in detail, whereby the record of previous tax can be in the following status: recorded (after the electronic recording of previous tax) and corrected (if the user of the Electronic Invoice System has corrected the displayed data).