As we’re closing on 2021, we consider it useful to remind you that the beginning of 2022 brings initial phases of implementation of the Law on Electronic Invoicing (hereinafter: the Law), which was adopted on April 29th, 2021.
Starting from January 1st, 2022, the following obligations shall enter into force:
a) For Public Sector Entities:
- To receive and keep an electronic invoice issued under this Law, as well as the obligation to issue an electronic invoice to another public sector entity,
- To electronically record the calculation of value-added tax in terms of Article 4 of this Law, and
b) For Private Sector Entities:
- To issue an electronic invoice to a public sector entity, in accordance with the Law.
To minimize possible problems in the application of the Law and to ensure as smoothest possible transfer to an electronic invoicing system, which represents a radical change, the Government and the Minister of finance have adopted necessary bylaws.
Those bylaws contain necessary guidelines and mechanisms to enable entities to implement and properly apply new legal solutions.
Further in the text, we bring you a short overview of adopted bylaws. On the other hand, if you’re searching for an in-depth legal analysis of the Law, you can see our previous text on the following link.
1. Rule book on elements of electronic invoice, form, and manner of delivery of documentation through the electronic invoicing system, manner of electronic recording of the VAT in the electronic invoicing system, and manner of application of standards of electronic invoicing.
This Rule book prescribes minimal content of an electronic invoice necessary for its being processed through a system of electronic invoices, cases in which certain elements of the electronic invoice can be omitted, cases in which it is mandatory to state additional elements, based on regulations governing the issuance of certain types of invoices, form, and manner of delivery of documentation through the electronic invoicing system, manner of electronic recording of the VAT in the system of electronic invoices and manner of application of standards of electronic invoicing.
2. Rule book on manner and procedure for registering for access to the system of electronic invoices, manner of accessing and using a system of electronic invoices, and manner of using data available in the system of electronic invoices.
This Rule book defines how both legal entities and individuals can access the system of electronic invoices as an issuer or as a recipient of an electronic invoice, including direct access and access through an information intermediary. This Rule book also defines the manner of registration on the system of electronic invoicing, the manner of accessing and using the system as well as the manner of using data available in the system of electronic invoicing.
From a technical standpoint, this is a very important Rule book as efficient access to the system and the possibility for its undisrupted usage is a necessary precondition for the functioning of the system itself. Thus, the Ministry of Finance published on its website www.efaktura.gov.rs:
- Internal Technical Guide containing technical explanations for using the system and
- Link to a demo version of the system for electronic invoicing (https://demoefaktura.mfin.gov.rs/login).
3. Rule book on rules of procedure of Central Information Intermediary.
Per the Law, Central Information Intermediary is a competent unit, within the ministry in charge of finance, which keeps a register of information intermediaries, manages the electronic invoice system, and is responsible for its functioning.
This Rule book stipulates rules of procedure for Central Information Intermediary in performance of its duties regarding managing system of electronic invoicing and managing Register of information intermediaries licensed by the Ministry of Finance.
4. Decision on conditions and manner for using the system for managing invoices.
This Decision prescribes the conditions and manner of using the invoice management system.
5. Decision on conditions and manner for keeping and presenting electronic invoices and manner for securing its validity and integrity in paper form.
This Decision prescribes conditions and manners for keeping and presenting electronic invoices, conditions, and manner for presenting electronic invoices to the competent authority at its request, as well as the manner for ensuring validity and integrity of invoices in paper form, with special emphasis on the fulfillment of conditions and standards regarding informational safety.
Keeping, searching, and downloading of electronic invoices is to be done following internal technical manual published on the internet page of the Ministry of Finance which contains technical explanations for working in system (once again we emphasize the importance of this manual which can be found at the following link www.efaktura.gov.rs).
6. Decision on procedure and conditions for issuing and revoking consent for the performance of tasks of information intermediary.
This Decision prescribes procedures and conditions for issuing and revoking consent for the performance of tasks of information intermediary.
We’re free to notice that there are many conditions to fulfill, partly regarding possession of appropriate certificates proving tax status and nonexistence of earlier convictions, partly regarding operational aspects (to secure uninterrupted work and safety of data, i.e., protection of system), and party regarding normative procedures (establishment of appropriate internal legal framework).
Having in mind all stated, we’re concluding that adopted bylaws represent an important and necessary legal framework, which enables subjects to timely prepare themselves for transferring to the system of electronic invoicing.
However, as it is a radical change and as the initial phase of electronic invoicing will start in less than two months, our recommendation is to start with making an internal strategy for the purpose of implementing an optimal model for transferring to this system.
Found this usefull and want to hear more from us?