Serbia: Interest on loans between related parties
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Serbia: Interest on loans between related parties

babic.jpg

Filip Babic

According to the new bylaw on interest rates considered to be adhering to the arm's-length principle (published in the Official Gazette RS 17/2014), new interest rates have been prescribed with regards to related party financing transactions. These rates will be used to calculate interest income and interest expense arising from loans provided to or from related parties. The proposed rates are applicable to loans in RSD (Serbian dinar) and loans indexed in foreign currencies such as EUR, USD and CHF.

To determine the appropriate interest rate that should be charged on loans between related parties, taxpayers may choose one of the following options:

  • Use the general regulations regarding transfer pricing with one of the methods used to calculate interest rate; or

  • Use the interest rates prescribed by the Ministry of Finance.

The method chosen by the taxpayer should be applied consistently to all loans provided to or from related parties.

The interest rates prescribed by the Ministry of Finance and considered to be at arm's-length are shown in the box below.

Interest rates prescribed by the Ministry of Finance considered to be at arm’s-length

For banks

3.30% on EUR loans and RSD loans indexed in EUR

2.88% on USD loans and RSD loans indexed in USD

2.21% on CHF loans and RSD loans indexed in CHF

For other taxpayers

17.11% on short term loans in RSD

14.73% on long term loans in RSD

7.88% on short term loans in EUR and RSD loans indexed in EUR

6.55% on long term loans in EUR and RSD loans indexed in EUR

9.25% on short term loans in CHF and RSD loans indexed in CHF

6.30% on long term loans in CHF and RSD loans indexed in CHF

7.57% on short term loans in USD and RSD loans indexed in USD

5.56% on long term loans in USD and RSD loans indexed in USD


If the use of the loan agreement-defined interest rate for one transaction with a related party is chosen, the taxpayer has to use the same method for all transactions. By the same token, if a taxpayer chooses to use the arm's-length interest rate, then that approach has to be used for all transactions.

Despite the aggressive approach of the Serbian tax authorities with regards to related party financing transactions, non-resident group companies may still opt to grant loans instead of equity contributions to their Serbian subsidiaries to take advantage of the beneficial provisions of double tax agreements between Serbia and the relevant states. For example, according to the double tax treaties concluded between Serbia and Germany, France, Norway, the Netherlands, Finland and Sweden a 0% withholding tax rate is imposed on interest payments abroad whereas a withholding tax rate ranging from 5% to 15% may be suffered on dividend payments.

In addition, according to the Serbian thin capitalisation rules, interest expense and other related expenses are allowed as deductible provided that the loans obtained from related parties do not exceed four times the net equity of the company (10 times for banks and leasing companies).

Filip Babic (filip.babic@eurofast.eu)

Eurofast Global, Belgrade office

Tel: +381 11 3241 484

Website: www.eurofast.eu

more across site & bottom lb ros

More from across our site

The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
The EMEA research period is open until May 31
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
The proposed matrix will help revenue officers track intra-company transactions from multinationals
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
The ‘big four’ firm has threatened to legally pursue those behind the letter, which has been circulating on social media
The guidelines have been established in the wake of multiple tax scandals and controversies that have rocked the accounting profession
KPMG Netherlands’ former head of assurance also received a permanent bar and $150,000 fine; in other news, asset management firm BlackRock lost a $13.5bn UK tax appeal
Gift this article