Almost 10 years after the adoption of the Law on Tax Consultancy, on February 14 2018 the Ministry of Finance adopted the 'rulebook' on tax advisers' licences (rulebook), which then entered into force on February 22 2018.
The rulebook prescribes conditions and procedures for obtaining a tax adviser's licence and for the registration of tax agencies. As a result, tax consulting services may be provided by individuals or legal entities. Individuals may acquire a licence once they have completed a tax programme and passed an exam as prescribed by the rulebook.
The tax adviser exam can be taken by a candidate who meets the following requirements:
- Holds a university degree in the field of economics or law; and
- Has at least five years of experience in the field of tax.
The candidate must pass an examination in the following areas:
- Administrative and tax procedures;
- The basis of the tax system and tax policy of Bosnia and Herzegovina, Republic of Srpska, Federation of Bosnia and Herzegovina and Brcko District;
- The basis of accounting and auditing;
- Commercial law; and
- Public finances and financial law.
Among other duties, a tax adviser's role includes:
- Providing expert assistance in tax issues;
- Representation before tax and judicial authorities in tax administrative procedures, tax disputes, appeals before the Constitutional Court of Bosnia and Herzegovina and the Human Rights Court in Strasbourg; and
- Acting as a court expert in front of public authorities.
Based on the rulebook, the Ministry of Finance of the Republic of Srpska will establish and maintain registers on tax advisers, tax consulting agencies and other tax professionals.
Since the fiscal sector and taxation in Bosnia and Herzegovina is becoming more complex, the adoption of this rulebook is expected to bring numerous benefits to both taxpayers and tax authorities.