Serbia: Serbia adopts amendments to VAT Law

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Serbia: Serbia adopts amendments to VAT Law

Rafailovic

Aleksandra Rafailovic

The Serbian parliament adopted the Law on Amendments to the Law on VAT (Official Gazette of RS, No. 108/2016) on December 28 2016. The Law entered into force on January 1 2017 and the greatest impact of this Law will be felt by companies trading across borders.

The most significant change is the amendment to the criteria for determining the supply of services, as a result of further harmonisation with EU regulations and the avoidance of double taxation or non-taxation of certain services between resident and non-resident legal entities. This provision will be applied from April 1 2017. Essentially, with the changes, the rules will differ depending on whether the service is provided to VAT payers or to entities that are not VAT payers.

Another very important change is the postponement of the obligation to submit overviews of calculation along with the VAT tax return until January 1 2018. This has been deemed to be the most optimal solution, considering that the solution offered by the new Rulebook (Official Gazette of RS, No. 80/2016) caused a stormy reaction from the professionals due to the overwhelming reporting requirements.

The Law also amends provisions relating to the determination of the tax debtor for turnover carried out by foreign entities and their obligation to determine the VAT representative and register in the VAT system. The new provisions stipulate that the tax debtor with an obligation to calculate VAT for such supply is the recipient of goods and services provided in Serbia by a foreign entity that is not registered for VAT.

If a foreign entity is performing the taxable supply of goods and services in Serbia, it must appoint a tax representative and register in the VAT system, irrespective of the amount of turnover. This obligation is waived if the turnover is performed exclusively to VAT taxpayers, public administration entities, or entities that provide passenger transport services by bus.

The implementation of the provisions on representatives and the registration for VAT for foreigners is now supported with an amendment of the Law on Tax Procedure and Tax Administration, which provides for penalties ranging from RSD 100,000 ($857,000) to RSD 2 million for non-compliance.

The definition of permanent establishment (PE) under the Law on VAT is specified as being any organisational unit of a legal entity that can perform commercial activity, meaning that the foreign entity and its PE may be treated as two separate taxpayers.

There has also been a change to the requirements for deducting input tax, which means that the recipient does not need to have an invoice to exercise the right to deduct input tax in the following cases:

  • Supply of goods and services in the construction industry;

  • Supply of electricity and natural gas through networks for further selling;

  • Supply of secondary raw materials and related services; and

  • Supply of buildings.

Finally, the time of supply of electricity, natural gas, and energy for heating through networks to other entities for further selling is determined to be the date of the reading/measurement for calculation purposes, and the application of a special rate of 10% for firewood is extended to wood briquettes, pellets, and other similar products from biomass.

Aleksandra Rafailovic (aleksandra.rafailovic@eurofast.eu)

Eurofast, Serbia Office

Tel: +381 11 3241 484

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

Shiny new offices like Ryan’s in London Bridge aren’t just a cost – they signal that a firm is willing to align with its clients’ interests
Darren Graves will succeed Richard Houston, who is set to lead Deloitte EMEA; in other news, Morgan Lewis hired a three-partner tax team in New York
India also signed its first-ever bilateral APAs with France, Ireland, Indonesia and Sweden last year, the CBDT revealed
Chile’s revamped GAAR marks a shift toward structural scrutiny, pushing MNEs to strengthen tax governance, economic substance and compliance strategies
New reforms represent the most seismic shift in Canadian TP legislation since its enactment and a clear inflection point for MNEs, ITR has heard
Spain did not transpose EU VAT rules for SMEs or works of art; in other news, an increased VAT threshold came into force in South Africa
While the IBS incorporates taxable events previously covered by state and municipal taxes, its governance and operational logic represent a significant departure from the legacy model
The new office on the fourth floor of 4 More London will span 14,230 square feet, with the potential to expand to the first and second floors
MNEs now face a shift from modelling to execution as the side‑by‑side deal forces tax teams to upgrade systems, harmonise data, and prevent costly pillar two mismatches
As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Gift this article