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

AI will mean fewer entry-level roles in tax but also the emergence of new jobs, according to tax expert Isabella Barreto
As World Tax unveils its much-anticipated rankings for 2026, we focus on standout performances by PwC, KPMG and Deloitte across the Asia-Pacific region
The partnership model was looking antiquated even before the UK chancellor’s expected tax raid on LLPs was revealed. An additional tax burden may finally kill it off
The US’s GILTI regime will not be forced upon American multinationals in foreign jurisdictions, Bloomberg has reported; in other news, Ropes & Gray hired two tax partners from Linklaters
APAs should provide a pragmatic means to agree to an arm's-length outcome for an Australian entity and for the ATO, the tax authority said
Overall revenues and average profit per partner also increased in the UK, the ‘big four’ firm revealed
Increasingly complex reporting requirements contributed towards the firm’s growth in tax, it said
Sector-specific business taxes, private equity tax treatment reform and changes to the taxation of non-residents are all on the cards for the UK, authors from Herbert Smith Freehills Kramer predict
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
Gift this article