NEW FISCALIZATION LAW
The Assembly of the Republic of Serbia has adopted a new Law on Fiscalization ("the Law") on December 17, 2020, which was published in the "Official Gazette of the Republic of Serbia no. 153/2020)” on December 21, 2020 and which entered into force on December 29, 2020. The law will be applied from November 1, 2021, with a transitional period until April 30, 2022.
During the transitional period, all taxpayers of fiscalization, are obliged to introduce new hardware and/or software solutions, in terms of Electronic Fiscal Devices, through whom the taxpayer issues a fiscal receipt and transfers the relevant data to the Tax Administration Fiscalization Management System (FMS).
New Law defines persons which fall under fiscalization:
- all corporate income tax payers which perform retail sale (legal entities, associations which acquire income from sale of goods and services on the market etc.)
- all personal income tax taxpayers on income acquired from retail sale
Subject of fiscalization according to the new Law is:
- retail turnover of goods and services
- received retail advance payment
- Obligation for evidencing of retail turnover through a fiscal cash register does not exist for:
- turnover made towards other legal entities, unless performed in retial sale business unit
- turnover made towards phisical person registred for VAT and phisical person holder of the agriculture economy which keeps business books, unless for turnover performed in retial sale business premise.
List of activities which fall under fiscalization is extended while some activities are still exempted from evidencing of retail turnover through a fiscal cash register. Overview of these activities is presented in a table at the end of this document.
As assistance for the transition to the new system, the Government of the Republic of Serbia will approve subsidies in the total amount of RSD 6 billion, i.e. in the amount of EUR 100 per sales facility/retail store and EUR 100 per fiscal device.
Below is an overview of the dates related to the process of transition to the new system in accordance with the Law:
- from October 1, 2021, the taxpayer is obliged to report his business units/sales facilities, where is necessary to have fiscal device, through the portal of the Tax Administration, eTaxes and apply for the eFiscalization service;
- from October 15, 2021 until the end of January 2022. Taxpayers will be able to apply for a state subsidy, i.e. financial assistance for the transition to the new system, for each business unit / sale of the facility and for each device;
- from November 1, 2021, the transition period begins, so that taxpayers can gradually move to a new model of fiscalization. The deadline for full transition is April 30, 2022.
List of activities which are exempted from evidencing of retail turnover through a fiscal cash register:
49.31 - City and suburban ground transportof passengers
49.32 - Taxi
52.21 - Services related to ground transport
53.10 - Post office activities of public sector
61 - Telecommunications
64 - Financial services, except insurance and pension funds
65 - Insurance, reinsurance and pension funds, except mandatory social insurance
66 - Auxiliary activities in providing of financial services and insurance
69.10 - Legal jobs except notary public and public enforcement agent
75.00 - Veterinary activities
84.30 - Mandatory social insurance
85 - Education, except activities from 85.5 – Other education
86 - Health activities – health services provided from mandatory social insurance funds
87 - Social protection with accommodation
88 - Social protection without accommodation
94.91 - Activities of religious organizations