The Rulebook on Amendments to the Rulebook on Electronic Invoicing and the Rulebook on Amendments to the Rulebook on VAT

Dear, We inform you that the Minister of Finance has adopted the Rulebook on Amendments to the Rulebook on Electronic Invoicing and the Rulebook on Amendments to the Rulebook on VAT which will apply starting 1^st of September 2024, except for the provisions related to the presentation of data in the POPDV form and the electronic recording of the previous tax, which will be applied starting with the filing of tax returns for tax periods beginning after 31^st of August 2024. Amendments and additions to the aforementioned regulations refer to:

• Certain VAT taxation rules;
• The method of keeping VAT records and the method of reporting data in the POPDV form;
• The method of electronic recording of calculated VAT;
• New rules for electronic recording of previous tax;
• Rules for issuing electronic invoices.

Numerous changes have been introduced to the aforementioned Regulations, of which we particularly emphasize those related to the electronic recording of previous tax in the SEF. Namely, in addition to the existing obligation of electronic recording of VAT calculations, a new obligation of electronic recording of previous tax in SEF is prescribed, exclusively for VAT taxpayers. Recording of previous tax is performed for the first time by:

• Monthly taxpayers for the tax period September – until 10^th of October 2024;
• Quarterly taxpayers for the tax period October-December – until 10^th of January 2025.

Therefore, the previous tax is recorded for the tax period, within 10 days after the end of the tax period, and the deadline is not moved to the next working day. The VAT taxpayer electronically records the previous tax (calculated in the previous phase of turnover, i.e. paid during the import of goods) regardless of whether he can exercise the right to deduct the recorded previous tax, in accordance with the VAT Law. If there is a change after the expiration of the deadline for recording the previous tax, which has an impact on the electronic recording of the previous tax, the VAT payer is obliged to correct the recorded previous tax within the deadline for submitting the tax return for the tax period in which the change occurred. Prescribed data are reported collectively within one Record of previous tax which consists of five parts, whereby certain data are filled in automatically from data existing in SEF or at the Customs Administration, while the remaining prescribed data is entered by the taxpayer himself. Automatic data entry is performed at the end of the tax period, starting from 1^st and ending on the 10th of the calendar month following the tax period. Automatic entry records data with the balance on the day preceding the entry day. Electronic invoices received  after the creation of the electronic recording of previous tax must be entered manually by the 10th of the month when electronic recording  of previous tax is submitted or subsequently, within the deadline for correction of previous tax electronic record. Data is entered in RSD, with a maximum of two decimals. Different rules are prescribed for recording the previous tax, depending on whether it is a question of acquisitions for which the tax debtor is a taxpayer who carries out transactions, or a taxpayer as a recipient of goods or services. The Rulebook defines that data related to purchases from VAT taxpayers – tax debtors are recorded collectively by sources – invoices types: – Electronic invoices – Fiscal receipts – Other invoices Data related to purchases where the taxdebtor is taxpayer recepient of goods / services, are recorded collectively based on internal calculations (reverse charge): – Internal invoice – foreign person – Internal invoice – VAT taxpayer The implementation of the regulations on the previous tax recording on the SEF requires additional adjustments of accounting systems and documentation recording, as well as the introduction of new controlling procedures for monitoring records of previuos tax within the prescribed deadlines. Although there are similarities with the rules related to the disclosure of data in the POPDV form, there are important differences that should be paid attention to when filling them out. For all additional questions and clarifications, contact us. TPA team