Serbia: Serbia amends VAT Law, extending eligibility for VAT refund to foreign companies

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Serbia: Serbia amends VAT Law, extending eligibility for VAT refund to foreign companies

Sponsored by

Eurofast Serbia
intl-updates-small.jpg

Serbia's Parliament adopted the Law on Amendments to the VAT Law on April 19 2018. The Law was published in the Official Gazette No. 30/2018 and came into force on July 1 2018, with the exception of certain provisions which will be applicable from January 1 2019.

The latest amendments to the VAT Law stem from the harmonisation of Serbian regulations with EU regulations, most notably with Council Directive 2006/112/EZ on a common system of value-added tax. The changes also aim to create more favourable conditions for business entities. The amendments relate to the moment a VAT obligation is created, especially for intellectual property (IP) rights, as well as to tax exemptions, with the right to deduct previous tax and VAT refunds to foreign taxpayers.

Rule on the chargeability of VAT on supplies of IP rights

According to the amended rule, a tax liability arising as a result of issuing an invoice before either a sale or an advance payment may also arise for services related to the transfer, assignment and use of copyright and related IP rights, if such services are performed by the same person who transfers, assigns and uses copyright and other IP rights. The most common example in practice is the service of granting the right to use software (a software license) provided together with software maintenance services and technical support to the software user.

Free trade zones: Tax exemption

The tax exemption with the right to deduct previous tax has been prescribed for the supply of goods that have entered into a free zone for a foreign entity which is not a taxpayer but has concluded a contract with a taxpayer-user of the free zone. Additionally, this new VAT exemption is prescribed for the supply of services which are related to the supply of goods stated above.

Refund of VAT to a foreign taxpayer

A foreign taxpayer has the right to refund input VAT on the turnover of goods and services bought in Serbia and which are subject to the reverse charge mechanism (i.e. when the obligation to calculate VAT rests with the recipient taxpayer) if the goods and services are sold to entities which are VAT payers in Serbia. This will allow more opportunities for foreign entities to reclaim the incurred input Serbian tax. This amendment will apply from January 1 2019.

Taxpayers that may be affected by the changes should seek advice in determining the best approach to benefit from the amendments.

more across site & shared bottom lb ros

More from across our site

The UK’s Labour government has an unpopular prime minister, an unpopular chancellor and not a lot of good options as it prepares to deliver its autumn Budget
Awards
The firms picked up five major awards between them at a gala ceremony held at New York’s prestigious Metropolitan Club
The streaming company’s operating income was $400m below expectations following the dispute; in other news, the OECD has released updates for 25 TP country profiles
Software company Oracle has won the right to have its A$250m dispute with the ATO stayed, paving the way for a mutual agreement procedure
If the US doesn't participate in pillar two then global consensus on the project can’t be a reality, tax academic René Matteotti also suggests
If it gets pillar two right, India may be the ideal country that finds a balance between its global commitments and its national interests, Sameer Sharma argues
As World Tax unveils its much-anticipated rankings for 2026, we focus on EMEA’s top performers in the first of three regional analyses
Firms are spending serious money to expand their tax advisory practices internationally – this proves that the tax practice is no mere sideshow
The controversial deal would ‘preserve the gains achieved under pillar two’, the OECD said; in other news, HMRC outlined its approach to dealing with ‘harmful’ tax advisers
Former EY and Deloitte tax specialists will staff the new operation, which provides the firm with new offices in Tokyo and Osaka
Gift this article