Serbia: Interest on loans between related parties

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: 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 & shared bottom lb ros

More from across our site

Johanes Glorinus Saragih of Indonesia’s Directorate General of Taxes outlines the nation’s delicate geopolitical situation, as it sits between a rock and a hard place with the US and pillar two
The law firm’s head of tax, trade and wealth management likens tax legislation to a complex puzzle, recommends a sturdy coffee mug, and explains why acronyms make tax cool
The global tax and accounting firm has appointed two experienced TP advisers from a New Jersey-based boutique
A lack of commitment from major jurisdictions and the associated compliance burden are obstacles facing the OECD initiative
Richard Gregg is no longer fit and proper to be a tax agent, said the TPB; in other news, MHA completed its acquisition of Baker Tilly South-East Europe
Recent Indian case law emphasises the importance of economic substance over mere legal form in evaluating tax implications, say authors from Khaitan & Co
PepsiCo was represented by PwC, while the ATO was advised by MinterEllison, an Australian-headquartered law firm
Three tax experts dissect the impact of a 30% tariff that has shaken up trade relations between South Africa and the US
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2025 Americas Tax Awards
As we move into an era of ‘substance over form’, determining the fundamental nature of a particular instrument is key when evaluating the tax implications of selling hybrid securities
Gift this article