Starting from July 1, 2023, the new (long-awaited) Rulebook on electronic invoicing comes into force
A new Rulebook on electronic invoicing was published in the Official Gazette of the RS No. 47/23 dated June 8, 2023, with the application of which the following cease to be valid:
1) The Rulebook on the method and procedure of registration for the access to the system of electronic invoices, the method of accessing and using the system of electronic invoices and the method of using data available in the system of electronic invoices (“Official Gazette of RS”, No. 69/21, 132/21 and 46/22);
2) The Rulebook on electronic invoice elements, form and method of delivery of supporting and other documentation through the system of electronic invoices, method and procedure of electronic recording of value added tax calculation in the system of electronic invoices and method of application of electronic invoicing standards (“Official Gazette of RS”, No. 69/21, 132/21 and 46/22);
3) The Rulebook on the procedure of the Central Information Broker (“Official Gazette of the RS”, No. 69/21 and 132/21).
This Rulebook defines:
- the method and procedure of registration for access to the system of electronic invoices
- the method of accessing and using electronic invoices
- the method of application of electronic invoicing standards
- minimum content of the electronic invoice, cases in which certain elements of the electronic invoice may be omitted, cases in which the obligation to show additional elements is foreseen, based on other regulations
- the method and procedure of electronic recording of VAT calculation in SEF (system of electronic invoices)
- a procedure in the event of a temporary interruption in the work of the SEF
- use of data from the SEF
- the way the Central Information Broker acts
The new Rulebook offers the following types of business entities registration: company, entrepreneur, association, bankruptcy estate and foundation/endowment, sports association, chamber, user of public funds and others.
It is envisaged that the user of the system of electronic invoices will access and use the system of electronic invoices directly or through Information brokers who have received the consent of the Ministry responsible for financial affairs. A User can choose only one broker.
The Rulebook envisages all types of electronic invoices and requests for payment, as well as the rules when certain types of e-invoices are issued, cases in which the obligation to present additional elements of the electronic invoice is provided and cases in which certain elements can be omitted, tax categories and the methods to present them, as well as the method of delivering supporting documentation in the form of an attachment to an electronic invoice.
Electronic recording of VAT calculations is done as a summary, that is, individually for the tax period within the deadline for submitting the tax return in accordance with the Law on VAT. The information that must be contained in the Summary Record of VAT and the Individual Record of VAT has been regulated.
If the electronic invoice has not been issued by the deadline for submitting the tax return for the tax period for which the tax liability arose, the calculated VAT is recorded in the Individual Record for that tax period. During the period of issuing the e-invoice in the Summary Record of VAT for the tax period to which the electronic invoice refers, the amount of VAT is recorded in the field in which data on VAT reduction is reported.
In the case when the VAT payer issues a document on the reduction of the tax base, the necessary notification to the recipient that he has corrected the deduction of the previous tax, i.e., that he did not use the calculated VAT as a previous tax, is not issued through the SEF. The same rule applies with the reverse electronic invoice.
In the event of a temporary interruption in the operation of the system of electronic invoices, the Central Information Broker will inform the users of the system of electronic invoices about the temporary interruption in operation via the portal of the system of electronic invoices. If there is a temporary interruption in the operation of the system of electronic invoicing, the electronic invoice will be considered delivered at the time of re-establishment of the operation of the system of electronic invoicing.
Until December 31, 2023, the competent authority in the procedures for checking the correctness of the electronic recording of VAT calculations will not consider incorrectly stated data if the total amount of recorded VAT is correct, meaning whether the data on the calculated VAT is shown in the Summary Record or the Individual Record.
Despite the hopes of accountants, the rule that the advance invoice must be recorded no later than the day after the day of the advance payment remains in force. Also, on the invoices, merchants will not be obliged to add the type of goods along with the code, in addition to Article 42 of the Law on VAT. The obligation to issue and reverse fiscal invoices issued to public entities remains, along with the obligation to issue electronic invoices for the sale in retail stores too.
The CREATIVE FINANCE TEAM is at your disposal for any doubts and questions