Extended Deadline for Transfer to a New Electronic Invoicing System

Extended Deadline for Transfer to a New Electronic Invoicing System

December 27, 2021

On December 3, 2021, the Government of the Republic of Serbia set out the Proposal of the Law on Amendments to the Law on Electronic Invoicing (the “Proposal”). The main reason is to establish a new deadline for the outset of application of certain obligations under the Law on Electronic Invoicing (Official Gazette of RS no. 44/2021) (the “Law”), for the purpose of enabling public sector and economy to adjust to the new invoicing system, as well as to specify certain provisions of the Law. The obligations that arise from the Law were elaborated in our previous articles (available here and here).

Three Phases of Transfer to the New System and New Deadline Thereof

The Law initially stipulated gradual introduction of the electronic invoicing system, through the following phases:

  1. obligation of a public sector entity to receive, keep and issue electronic invoice to another public sector entity, as well as obligation of a private sector entity to issue an electronic invoice to a public sector entity, starting from January 1, 2022;
  2. obligation of a public sector entity to issue electronic invoice to a private sector entity starting from July 1, 2022;
  3. obligation to issue and keep electronic invoices in transactions between private sector entities starting from January 1, 2023.

According to the Proposal and considering that the information from practice indicate that conditions have not yet been met for transfer to the new system, an extension of the interim period has been envisaged so that the public sector entities will be obliged to receive, keep and issue electronic invoice to another public sector entity, i.e., private sector entities will be obliged to issue electronic invoice to public sector entities starting from May 1, 2022.

When it comes to other phases of transfer to the new system, public sector will be obliged to issue electronic invoice to the private sector, i.e., private sector in their mutual transactions as initially prescribed by the Law.

Introduction of Public List of Users of the Electronic Invoice System

The Proposal also stipulates the introduction of public list of users of Electronic Invoice System, which will contain tax identification numbers of public sector entities, private sector entities and voluntary users of the electronic invoicing system that are obliged to receive and keep electronic invoice in accordance with the Law, as well as individual numbers of budget beneficiaries, i.e., entities entered in the Registry of public funds users kept by the Central Information Intermediary by using the information and communication technologies.

This is intended to facilitate the use of system for public sector and private entities, and to accelerate business processes. The list of system users will be published by the Ministry of Finance, on basis of data stored in the system.

Other Amendments

The Proposal stipulates the deletion of the place of invoice issuance from the list of usual elements of the electronic invoice, and it will only contain the number and date of issuance.

In addition, misdemeanor liability is introduced for non-respecting the obligation for electronic inventorying of VAT.

Finally, the Proposal also prescribes the change of deadline in which certain provisions of the Law on Deadlines for Settlement of Pecuniary Obligations in Commercial Transactions cease to be valid (Official Gazette of RS no. 119/2012, 68/2015, 113/2017, 91/2019, 44/2021 and 44/2021 – other law), which will cease to be valid on April 30, 2022.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.