This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
In Serbia, the legal framework for electronic invoicing is well-established both in national and European regulations. Here are the key legal provisions summarized:
- Value Added Tax Law (Zakon o porezu na dodatu vrednost):
- Electronic invoices are legally valid as long as they meet the same requirements as paper invoices, particularly in terms of authenticity and data integrity.
- Article 35 of the law clarifies that electronic invoices are a valid alternative to paper invoices, provided that the authenticity and immutability of the data are guaranteed.
- Regulation on Electronic Invoices (Pravilnik o fakturama):
- This regulation stipulates that electronic invoices must contain the same information as paper invoices (e.g., invoice number, issuer and recipient details, VAT amount).
- It also requires that electronic invoices be immutable and secured through credible methods such as electronic signatures.
- EU Directive 2014/55/EU (Electronic Invoicing in the Public Sector):
- Although Serbia is not an EU member, it has adopted this directive to enable the exchange of electronic invoices in the public sector according to European standards.
- From 2022 onwards, all companies entering into contracts with the public administration in Serbia must submit invoices electronically and use the Peppol standard.
- Electronic Signatures and Security Requirements:
- Electronic signatures are crucial for the authentication and integrity of electronic invoices. In Serbia, qualified electronic signatures (QES) and advanced electronic signatures (AES) are required to ensure legal validity.
- The Law on Electronic Signatures (Zakon o elektronskom potpisu) ensures that electronic invoices are internationally recognized.
- Archiving Obligations:
- Electronic invoices must be stored for at least five years. The archiving process must ensure that the integrity of the data is maintained throughout the retention period.
- Archived invoices must be accessible upon request by the tax authorities.
- Practical Implementation of Electronic Invoicing:
- Businesses must create electronic invoices in structured formats, such as XML or UBL, that comply with the legal requirements.
- For invoicing the public sector, the Peppol network must be used.
Summary:
In Serbia, electronic invoices are legally recognized as long as they meet the requirements for authenticity, integrity, and archiving. Companies working with the public sector are required to use the Peppol standard. Electronic signatures are essential for ensuring the legal validity of invoices, and the archiving obligation lasts for at least five years.
Link: еФактура