LAWON ELECTRONIC INVOICING("Off. Herald of RS", Nos. 44/2021, 129/2021 and 138/2022) |
Article 1
This Law shall regulate the issuance, sending, receipt, processing, storage, content and elements of electronic invoices, in transactions between public sector entities, between private sector entities, i.e. between the entities of public and the entities of private sector, and other issues relevant to electronic invoicing.
The provisions of this Law shall not apply to natural persons who are not liable for income tax from self-employment in the sense of the law governing personal income tax.
Article 2
Certain terms used in this Law, shall have the following meaning:
1) "Transaction" shall imply a transaction with a fee, i.e. a transaction without a fee between public sector entities, between private sector entities, i.e. between a public sector entity and a private sector entity, which refers to the delivery of goods i.e. provision of services, including advance payment;
2) "Public sector entity" shall imply an entity which belongs to the state level, in terms of the law governing the budget system, as well as a public enterprise, in the sense of the law governing the legal status of public enterprises, irrespective of whether it falls within scope of the state level;
3) "Private sector entity" shall imply a value added taxpayer, except for the public sector entity;
4) "Voluntary user of the electronic invoice system" shall imply a taxpayer of income tax from self-employment in terms of the law governing personal income tax and a taxpayer of corporate income tax in terms of the law governing corporate income tax, except for public and private sector entities, who have applied, in accordance with this Law, for the use of the system of electronic invoices;
5) "Electronic invoice" shall imply a request for payment based on transactions with a fee, any other document that affects the payment, i.e. the amount of payment, an invoice issued for transactions without a fee, as well as for received advances, that were issued, sent and received in a structured format which enables fully automated electronic data processing via an electronic invoice system;
6) "Central information intermediary" shall imply the competent unit, within the ministry responsible for finance, maintaining the register of information intermediaries, managing the system of electronic invoices and being responsible for its functioning;
7) "Information intermediary" shall be a legal entity which, upon obtaining the consent of the ministry responsible for finance, the public sector entity may, in accordance with the contract, engage in the services of issuing, recording, processing, sending and receiving electronic invoices and supporting documents, and the private sector entity and the voluntary user of the electronic invoice system may, in accordance with the contract, hire for the services of issuing, recording, processing, sending, receiving and storing electronic invoices and accompanying documentation;
8) "Electronic invoice system" shall imply an information technology solution managed by a central information intermediary and through which electronic invoices are sent, received, recorded, processed and stored;
9) "Invoice management system" shall be a system for managing business processes, i.e. business processes of invoice verification by a public sector entity with several levels of consent, which do not have their own system or part of a system for invoice management;
10) "Electronic invoice issuer" shall imply a private sector entity and a voluntary user of the electronic invoice system, which directly issues, sends and stores an electronic invoice, through the system electronic invoices, i.e. on whose behalf the information intermediary issues, sends and stores the electronic invoice in accordance with the contract, via the system of electronic invoices, as well as the public sector entity, which directly issues, sends and stores the electronic invoice, through the system of electronic invoices, i.e. on whose behalf the information intermediary in accordance with the contract issues and sends the electronic invoice, through the system of electronic invoices;
11) "Electronic invoice recipient" shall imply a public sector entity, a private sector entity and a voluntary user of the system of electronic invoices, who receives the electronic invoice through the electronic invoice system, i.e. on whose behalf the information intermediary receives the electronic invoice in accordance with the contract, through the electronic invoice system;
12) "European standard for electronic invoicing" shall imply a standard adopted by the European Committee for Standardization (CEN) on the basis of an order of the European Commission;
13) "Serbian standard of electronic invoicing" shall imply a standard adopted by the national standardization body in the Republic of Serbia.
Self-employed income tax payers within the meaning of the law governing the personal income tax and corporate income tax payers within the meaning of the law governing the corporate income tax, except public and private sector entities, shall apply for the use of the electronic invoice system before submitting a request for payment to a public sector entity.
The provisions of this law that apply to public sector entities shall be applied mutatis mutandis to the National Bank of Serbia, and the provisions of this law that apply to private sector entities to a voluntary user of the electronic invoice system.
Obligation to Issue Electronic Invoice
Article 3
The following shall have the obligation to issue the electronic invoice:
1) Private sector entities on the basis of mutual transactions;
2) Private sector entity on the basis of a transaction with a public sector entity, including all requests for payment to the public sector entity;
3) Public sector entity on the basis of a transaction with a private sector entity;
4) Public sector entities on the basis of mutual transactions, including all payment requests;
5) Tax representative of a foreign person in the Republic of Serbia, in terms of regulations governing value added tax, based on transactions with private and public sector entities.
Notwithstanding paragraph 1 of this Article, the obligation to issue an electronic invoice shall not be imposed in case of:
1) Retail trade and received advance for retail trade in accordance with the law governing fiscalization;
2) A contractual obligation directed towards the beneficiaries of funds from international framework agreements;
3) Procurement, modernization and overhaul of weapons and military equipment, procurement of security-sensitive equipment, as well as related procurement of goods and services, including a request for payment based on a contract that has defense or security aspects exempted from the application of the law governing public procurement;
4) Delivery of electricity and the service of taking over electricity into the energy system, except for the delivery of electricity for final consumption;
5) Trade of goods and services free of charge;
6) A transaction on the basis of which compensation representing public revenue is paid in accordance with the law governing the budget system;
7) A request for the payment of expenses and awards in court and other proceedings, which are paid from the funds of the court, i.e. other authority where the proceedings are conducted, based on the decision of the court, i.e. other authority.
Special Obligation of Electronic Recording of Value Added Tax Calculation
Article 4
A tax debtor in accordance with the law governing value added tax, who is a taxpayer of value added tax, as well as a person who is not liable for value added tax - public sector entity and voluntary user of the electronic invoice system shall have the obligation to electronically record the calculation of value added tax in the system of electronic invoices, with the exception of:
1) A taxpayer of value added tax for selling goods and providing services, including the received advance payment for such turnover, for which the taxpayer issues an electronic invoice in accordance with this Law;
2) A tax debtor for the import of goods.
For retail trade and received advance payment for retail trade in accordance with the law governing fiscalization, performed by the value added tax taxpayer, there shall be obligation to record the calculation of value added tax in the system of electronic invoices referred to in paragraph 1 of this Article only if for such turnover, including the received advance payment, there is no obligation to issue a fiscal invoice in accordance with the law governing fiscalization.
Electronic recording of value added tax calculation shall be done collectively, for all obligations, by showing data on the base and calculated value added tax, separately according to tax rates, unless otherwise prescribed by this law.
Electronic recording of the calculation of value added tax shall be done individually, for each obligation, by showing data on the base, tax rate and calculated value added tax, namely for:
1) Trade of goods and services, including an advance payment, for which the recipient of the goods and services is a tax debtor in accordance with the law regulating value added tax;
2) Trade of goods and services that is carried out with payment to a person liable for income tax from self-employment in the sense of the law regulating the personal income tax and to the payer of the tax on the profit of legal entities in the sense of the law regulating the tax on the profit of legal entities, including received advance payment, for which the supplier of goods, i.e. the service provider is a tax debtor in accordance with the law governing value added tax.
If an electronic invoice has been issued for transactions for which there is no obligation to issue an electronic invoice in accordance with this Law, there shall be no obligation to record the calculation of value added tax.
Obligation to electronically record the calculation of value added tax on behalf of the person referred to in paras. 1 and 2 of this Article may be transferred by contract to the information intermediary.
Electronic recording of the calculation of value added tax in the system of electronic invoices shall be performed for the tax period within the time limit for submitting the tax return, in accordance with the law governing value added tax.
The act of the Minister in charge of finance shall regulate in more detail the manner and procedure of electronic recording of value added tax calculation in the system of electronic invoices.
Article 5
The system of electronic invoices must be used by the public sector entity and the private sector entity in accordance with Articles 3 and 4 of this Law.
The public sector entity shall access and use the electronic invoice system to issue, send, receive and store electronic invoices.
The system of electronic invoices shall also be used by the public sector entity that is a contracting party to the framework agreement whereby the conditions and manner of awarding contracts during the period of validity of the framework agreement are determined, in terms of the law governing public procurement, for receiving, storing and insight into handling of electronic invoices issued during the performance of the contract concluded on the basis of the framework agreement.
The private sector entity shall access and use the electronic invoice system for issuing, sending, receiving and storing of electronic invoices, directly or through an information intermediary.
Notwithstanding paragraph 1 of this Article, a voluntary user of the electronic invoice system may access and use the electronic invoice system for issuing, sending, receiving and storing electronic invoices, directly or through an information intermediary.
A voluntary user of the electronic invoice system may apply for the use of the electronic invoice system by accessing the electronic invoice system in the manner prescribed by this Law.
In the case referred to in paragraph 6 of this Article, the voluntary user of the electronic invoice system shall use the electronic invoice system in the current and the following calendar year.
The use of data available in the electronic invoice system shall be permitted in accordance with the law.
A list of beneficiaries of the system of electronic invoices shall be a public list containing tax identification numbers of public sector entities, private sector entities and voluntary users of the electronic invoicing system who are obligated to receive and store the electronic invoice in accordance with this Law, as well as unique numbers of budget funds users, entities entered in the Register of Public Funds Users kept by the Central Information Intermediary by using information and communication technologies.
An act of the Minister in charge of finance shall regulate in more detail the manner of accessing and using the electronic invoice system, as well as the use of data in terms of paras. 3 and 8 of this Article.
Electronic Invoicing Standards
Article 6
An electronic invoice, in terms of this Law, shall be issued and received in accordance with the Serbian standard of electronic invoicing.
The system of electronic invoices shall enable direct receipt of electronic invoices issued in accordance with the European standard of electronic invoicing based on a transaction in which a foreign person appears as the issuer of the electronic invoice, and a public sector entity as the recipient of the electronic invoice, and enables all recipients of electronic invoices to receive electronic invoices through an information intermediary, in accordance with the contract.
Compliance of the electronic invoice with the Serbian standard of electronic invoicing referred to in paragraph 1 of this Article shall imply that the electronic invoice contains the basic elements referred to in Article 7 of this Law, as well as that it is in accordance with the format and other elements of the Serbian standard of electronic invoicing.
Compliance of the electronic invoice with the European standard of electronic invoicing referred to in paragraph 2 of this Article, shall imply that the electronic invoice contains the basic elements of the European standard of electronic invoicing, as well as that it is in accordance with the format and other elements of the European standard of electronic invoicing.
The Minister in charge of finance affairs shall regulate in more detail the manner of application of the electronic invoicing standards.
Basic Elements of the Electronic Invoice
Article 7
An electronic invoice shall regularly contain:
1) Name, address, tax identification number and registration number of the electronic invoice issuer;
2) Business account of the electronic invoice issuer;
3) Name, address and tax identification number and registration number of the electronic invoice recipient;
4) Business account of the electronic invoice recipient;
5) Ordinal number and date of issuing the electronic invoice;
6) Date of delivery of goods, i.e. provision of services or advance payment;
7) Amount of advance payments;
8) Payment instructions;
9) Information on the type and quantity of delivered goods or the type and scope of services;
10) Amount of the value added tax base;
11) Value added tax rate;
12) Amount of value added tax calculated against the base;
13) Total amount of the electronic invoice;
14) Reference to the provision of the law regulating the value added tax on the basis of which the value added tax has not been calculated;
15) Note that a billing system applies to the turnover of goods and services.
This Law shall affect neither the application of the provisions of the law governing the calculation and payment of value added tax and secondary legislation adopted on the basis of that law, nor the application of the provisions of the law governing accounting in the part of the provisions governing the accounting document.
An act of the Minister responsible for finance affairs shall regulate in more detail the minimum content of the electronic invoice necessary for its processing through the system, cases in which certain elements of the electronic invoice may be omitted, cases in which the obligation to express additional elements is provided, based on other regulations governing the issuance of certain types of invoices, as well as the form and manner of delivery of accompanying and other documentation through the system of electronic invoices.
Electronic Invoice as a Credible Document
Article 8
An electronic invoice, in accordance with the law governing the enforcement procedure, shall represent a credible document, if sent by the issuer of the electronic invoice or by information intermediary on behalf of the issuer to the recipient of the electronic invoice via the electronic invoice system.
III HANDLING ELECTRONIC INVOICES
Issuing and Receiving Electronic Invoices
Article 9
The issuer of the electronic invoice shall issue the electronic invoice in accordance with the Serbian standard of electronic invoicing.
The recipient of the electronic invoice shall receive the electronic invoice issued in accordance with the Serbian standard of electronic invoicing.
In addition, the recipient of an electronic invoice - a public sector entity, shall directly accept an electronic invoice issued in accordance with the European standard of electronic invoicing based on a transaction in which a foreign person appears as the issuer, upon establishment of technical and technological conditions in the system of electronic invoices.
The tasks referred to in paras. 1 to 3 of this Article relating to public sector entities and private sector entities may be entrusted by contract to an information intermediary.
The act of the Minister in charge of finance affairs shall regulate the manner and procedure of registration for access to the system of electronic invoices.
Accepting and Rejecting an Electronic Invoice
Article 10
The recipient of the electronic invoice shall check the sent electronic invoice by accessing the electronic invoice system directly or through an information intermediary and accept or reject it within fifteen days from the date of receipt of the electronic invoice.
Should the recipient of the electronic invoice who is a public sector entity fail to accept or reject the electronic invoice issued by the issuer of the electronic invoice, directly or through an information intermediary, the electronic invoice shall be considered accepted after the expiry of time limit referred to in paragraph 1 of this Article.
Should the recipient of the electronic invoice who is a private sector entity fail to accept or reject the issued electronic invoice, directly or through an information intermediary, the recipient shall, after the expiry of time limit referred to in paragraph 1 of this Article, be re-notified that the electronic invoice has been issued.
Should the recipient of the electronic invoice referred to in paragraph 3 of this Article fail to accept or reject the electronic invoice within five days from the date of receiving the re-notification that the electronic invoice has been issued, the electronic invoice shall be considered rejected upon the expiry of this time limit.
An electronic invoice that has been rejected can be accepted later.
The electronic invoice shall be considered delivered at the time of issuance in accordance with this Law.
Exceptionally from paragraph 6 of this Article, if there is a temporary interruption in the operation of the electronic invoice system, the electronic invoice shall be considered delivered at the time of re-establishment of the operation of the electronic invoice system.
The procedure in case of a temporary interruption in the operation of the electronic invoice system shall be regulated in more detail by an act of the minister responsible for financial affairs.
Article 11
A Republic’s administration responsible for the design, compliance, development and operation of the e-government system shall establish and manage the invoice management system.
A public sector entity having multiple levels of consent, and which does not have its own system or part of the system for invoice management, in business processes of electronic invoice verification, may receive electronic invoices by using an invoice management system.
An act of the Government shall regulate in more detail the manner and conditions for using the invoice management system.
Central Information Intermediary
Article 12
The Central Information Intermediary shall manage the electronic invoicing system and be responsible for its functioning.
The Central Information Intermediary shall maintain the Register of Information Intermediaries that shall contain the entities which have received the consent of the ministry in charge of finance affairs.
The act of the Minister in charge of finance affairs shall regulate in more detail the manner of conduct of the Central Information Intermediary in performing the tasks referred to in paras. 1 and 2 of this Article.
Article 13
Consent of the ministry in charge of finance affairs shall be required to perform the duties of an information intermediary.
The Ministry in charge of finance affairs may revoke the consent referred to in paragraph 1 of this Article.
An act of the Government shall regulate in more detail the procedure and conditions for giving and revoking the consent for performing the activities of an information intermediary.
A decision of the ministry in charge of finance affairs, which gives or revokes the consent to perform the activities of an information intermediary, shall be final on the date of its adoption and an administrative dispute can be initiated against it.
A public sector entity may entrust the activities related to the issuance, sending and receiving of electronic invoices to an information intermediary which holds the consent of the ministry responsible for finance affairs.
A private sector entity may entrust the activities related to the issuance, sending, receiving and storing of electronic invoices to an information intermediary which has the consent of the ministry responsible for finance affairs.
In addition, the obligor of electronic recording referred to in Article 4 of this Law may entrust the information intermediary with the execution of the separate obligation of electronic recording.
The relationship between the issuer of the electronic invoice or the recipient of the electronic invoice, on one hand, and the information intermediary, on the other hand, shall be regulated by a contract.
The contract between the issuer of the electronic invoice and the information intermediary cannot stipulate the responsibility of the information intermediary for the content of the electronic invoice and the accompanying documentation.
The information intermediary shall be responsible if, by providing his service of issuing, recording, processing, sending, receiving and storing of the electronic invoice and accompanying documentation, endangers the security and functioning of the electronic invoice system.
Article 14
The information intermediary, central information intermediary and entities authorized to access the system of electronic invoices shall process the personal data only for the purpose specified by this Law and protect them in accordance with the law governing the personal data protection.
The Central Information Intermediary and the Information Intermediary shall take measures for protection against security risks in accordance with the law governing information security.
Storing of Electronic Invoices
Article 15
An electronic invoice issued or received by a public sector entity shall be stored permanently in the electronic invoice system.
An electronic invoice issued and received by a private sector entity shall be stored for ten years from the end of the year in which the electronic invoice was issued.
An electronic invoice issued and received by a private sector entity shall be stored in the electronic invoice system or in the system of the information intermediary that was hired for storing purposes by the private sector entity.
In the event of bankruptcy, liquidation or compulsory liquidation of the information intermediary, the electronic invoices that have been stored by the information intermediary on behalf of private sector entities shall be transferred to the Central Information Intermediary.
The authenticity of the origin and the integrity of the content of the electronic invoice shall be ensured from its issuance until the expiration of the storage obligation time limit.
The authenticity of the origin and the integrity of the content of the electronic invoice shall be ensured by issuance in a format prescribed by this Law, as well as by storage in a format suitable for electronic storage of document.
A private sector entity that has issued i.e. received an electronic invoice may print the electronic invoice in one or more copies until the expiration of the time limit for mandatory storage of electronic invoices referred to in paragraph 2 of this Article, in a manner that ensures the authenticity of origin and integrity of content of the printed invoice.
The invoice in paper format referred to in paragraph 7 of this Article shall be considered authentic even after the expiration of the deadline for mandatory storage of electronic invoices referred to in paragraph 2 of this Article.
The Government Act shall regulate in more detail the conditions and manner of storage of electronic invoices, the manner of ensuring the authenticity and integrity of the content of invoices in paper format, as well as the conditions and manner of making electronic invoices available based on a request of a competent authority.
Performance and Obligations when Performing Inspections
Article 16
Inspections regarding the application of this Law shall be performed by the ministry in charge of finance affairs.
The provisions of the law governing inspections shall apply to inspection issues.
Article 17
With a goal of unhindered performance of inspection and gathering of data relevant to the inspection of a certain subject of supervision, the issuer of the electronic invoice, the recipient of the electronic invoice, the central information intermediary and the information intermediary shall enable the person performing the inspection, insight into the business data, business documentation, accompanying technical equipment and devices related to the legally prescribed obligations.
Article 18
A misdemeanor fine in the amount of RSD 200,000 to RSD 2,000,000 shall be imposed on a legal person - a private sector entity, i.e. a public enterprise if:
1) It violates the obligation to issue an electronic invoice (Article 3, paragraph 1);
1a) It fails to record value added tax electronically in accordance with this Law (Article 4, paras. 1, 2, 3, 4 and 7);
2) It uses the data available in the system of electronic invoices for purposes not prescribed by law (Article 5, paragraph 7);
3) It fails to receive the electronic invoice in line with this Law (Article 9, paras. 2 and 3);
For the misdemeanor referred to in paragraph 1 of this Article, a sole trader - private sector entity shall be fined in the amount of RSD 50,000 to RSD 500,000.
For the misdemeanor referred to in paragraph 1 of this Article, the responsible person of the legal person - private sector entity, i.e. public enterprise, shall be fined from RSD 50,000 to RSD 150,000.
Article 19
A misdemeanor fine in the amount of RSD 200,000 to RSD 2,000,000 shall be imposed on an information intermediary that endangers the security and functioning of the electronic invoice system by providing services of issuing, recording, processing, sending, receiving or storing of the electronic invoice and accompanying documentation (Article 13, paragraph 10).
For the misdemeanor referred to in paragraph 1 of this Article, the responsible person of the information intermediary shall be fined in the amount of RSD 50,000 to RSD 150,000.
Article 20
A misdemeanor fine in the amount of RSD 200,000 to RSD 2,000,000 shall be imposed on a legal person - a private sector entity, if it fails to store the electronic invoice in line with this Law (Article 15).
For the misdemeanor referred to in paragraph 1 of this Article, the responsible person of the legal person - private sector entity, shall be fined in the amount from RSD 50,000 to RSD 150,000.
For the misdemeanor referred to in paragraph 1 of this Article, a sole trader - private sector entity shall be fined in the amount of RSD 50,000 to RSD 500,000.
Article 21
A misdemeanor fine in the amount of RSD 200,000 to RSD 2,000,000 shall be imposed on the issuer of an electronic invoice, the recipient of an electronic invoice and the information intermediary if failing to enable the person performing inspection, in order to carry out unhindered inspection and collect data of significance for the performance of inspection of a certain subject of supervision, insight into business data, business documentation, accompanying technical equipment and devices that are related to the obligations prescribed by Article 17 of this Law.
For the misdemeanor referred to in paragraph 1 of this Article, the responsible person of the legal person - private sector entity, shall be fined in the amount from RSD 50,000 to RSD 150,000.
For the misdemeanor referred to in paragraph 1 of this Article, a sole trader - private sector entity shall be fined in the amount of RSD 50,000 to RSD 500,000.
VI TRANSITIONAL AND FINAL PROVISIONS
Article 22
The secondary legislation foreseen by this Law shall be adopted within six months from the entry into force of this Law.
Repealing Provisions of Other Laws
Article 23
Provisions of Article 2, item 9), Article 4a, paras.1 to 4, Article 4b, Article 4c, paras. 1, 2 and 4, Article 4d and Article 12, paras. 6 to 9 of the Law on Time Limits for Settlement of Pecuniary Liabilities in Commercial Transactions ("Official Herald of RS", Nos. 119/12, 68/15, 113/17 and 91/19) and Article 8 paras. 1 and 3 of the Law on Amendments and Addition to the Law on Time Limits for Settlement of Pecuniary Liabilities in Commercial Transactions ("Official Herald of RS", No. 91/19) shall be repealed as of 30 April 2022.
Provisions of Article 8, paragraph 2 of the Law on Amendments and Addition to the Law on Time Limits for Settlement of Pecuniary Liabilities in Commercial Transactions ("Official Herald of RS", No. 91/19) and Article 9, paragraph 3 and Article 64, paragraph 3 of the Law on Accounting ("Official Herald of RS", No. 73/19) shall be repealed as of the date of entry into force of this Law.
Article 24
The system of electronic invoices can be used by the public sector entity and the private sector entity upon the establishment of technical-technological conditions.
The obligation of a public sector entity to receive and store the electronic invoice issued in accordance with this Law, as well as the obligation to issue an electronic invoice to another public sector entity, shall apply from 1 May 2022.
The obligation of a public sector entity to issue an electronic invoice to a private sector entity, in accordance with this Law, shall apply from 1 July 2022.
The obligation of the public sector entity to electronically record the calculation of value added tax in terms of Article 4 of this Law, shall apply from 1 May 2022.
The obligation of a private sector entity to issue an electronic invoice to a public sector entity, in accordance with this Law, shall apply from 1 May 2022.
The obligation of a private sector entity to receive and store the electronic invoice issued by a public sector entity, as well as electronic invoices issued by a private sector entity, shall apply from 1 July 2022.
The provisions of this Law relating to the obligation to issue and store the electronic invoice in transactions between private sector entities shall apply from 1 January 2023.
The obligation of electronic recording in connection with the transactions referred to in Article 4 of this Law, except for transactions in which one of the parties is a public sector entity, shall apply from 1 January 2023.
Article 25
This Law shall enter into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia".
Independent Article of the Law on Amendments and Additions to the Law on Electronic Invoicing
("Off. Herald of RS", No. 129/2021)
Article 6
This Law shall enter into force on the day following the day of its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amendments and Additions to the Law on Electronic Invoicing
("Off. Herald of RS", No. 138/2022)
Article 10
The secondary legislation referred to in Article 6 of this Law shall be adopted within three months from the day of entry into force of this Law.
Article 11
The provision of Article 6, paragraph 1 of this Law shall become applicable as of June 1, 2023 for electronic invoices that are recorded in the central register of invoices in accordance with the law regulating the time limits for settling monetary obligations in commercial transactions.
Article 12
This Law shall enter into force on January 1st, 2023.