How does the law oblige us to issue eInvoices?

The Law on Electronic Invoices in Serbia entered into force on May 1, 2022, which started the first phase of the implementation of the electronic invoice system. Starting from this date, public sector entities are obliged to issue, receive and store invoices (issued by public and private sector entities) through the government platform Sistem E-faktura (SEF), while private sector entities are obliged to issue invoices through the SEF in transactions with the public sector.

The second phase of the implementation of the law on electronic invoices began on July 1st, 2022, from when private sector entities are obliged to receive and store eInvoices issued by public sector entities through SEF, while public sector entities are obliged to issue invoices to private sector entities through SEF.

The last phase of the implementation of the law on electronic invoices awaits us from January 1st, 2023 and refers to private sector entities that will be obliged to issue, receive and store invoices in mutual transactions through SEF. Also, starting from this date, private sector entities will be obliged to electronically record VAT calculation (individual or aggregate VAT records) for all those invoices that are not required to be issued through the SEF.

Who is obliged to issue eInvoices?

According to the regulation of the Law on Electronic Invoices, it is prescribed the obligation to issue eInvoices in mutual transactions of private sectors (enterprises and entrepreneurs that are in the VAT system), in transactions between entities of public and private sectors, as well as in mutual transactions of public sectors.

Also from January 1st, 2023 tax proxies of foreign persons will be obliged to send, receive and store electronic invoices through the government portal Sistem E-faktura.

Is the content of eInvoice stipulated by law?

The Law on Electronic Invoices stipulates the content of eInvoices, and invoices must necessarily contain:
1) Name, address, registration number, tax identification number and business account of the issuer;
2) Name, address, registration number, tax identification number and business account of the recipient;
3) Date of issue and ordinal number of the invoice;
4) If the recipient is a beneficiary of public funds of the JBKJS recipient;
5) The code or name of the goods or services for each item from the electronic invoice, as well as the quantity and unit of measure;
6) The value for each item with eInvoice;
7) The date of delivery of goods and advance payments in the case of an invoice for advance payment;
8) Payment instructions;
9) The total amount of electronic invoice;
10) The amount of advance payments relating to one or more items in the electronic invoice;
11) The amount of value added tax calculated on the basis;
12) Note on the provision of the law regulating value added tax, on the basis of which VAT has not been calculated
13) Note that a collection system is applied for the trade of goods and services.

For the full section 7 of the Law, you can see the details here.

Arhiving eInvoice in the government portal Sistem E-faktura

The Law on Electronic Invoices requires that eInvoices received or issued by public sectors be kept permanently, while eInvoices issued or received by private sectors in the SEF are kept for 10 years from the expiration of the year in which they were issued.
Unifiedpost software solutions allow you to keep invoices in the archive for 10 years in accordance with legal regulations.

Does the law provide for penalties for entities that do not issue or do not record eInvoices?

According to the Law on Electronic Invoices, penalties are prescribed for violation of the obligation to issue, store and receive eInvoices, as well as for illegal use of data.

The law stipulates that a legal entity may be fined in the amount of 200,000 to 2,000,000 dinars if:
1. Violates the obligation to issue eInvoice
2. Does not record value added tax electronically in accordance with the law
3. Uses the data available in the SEF for purposes not required by law
4. Does not receive electronic invoices in accordance with the law

Unifiedpost software solutions are regularly updated platforms in accordance with the law on electronic invoices, with which you can facilitate and improve your digital business.

For any additional questions, you can contact us at the office.rs@unifiedpost.com or call us at the 0117150758.

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