News
Evidention of the marketing services in retail stores via an electronic fiscal device
Tax alert, September 2022
The Ministry of Finance of the Republic of Serbia on August 23, 2022 issued a Ruling no. 011-00-762/2022-04, by which the obligation of the supply recording via an electronic fiscal device is being established in case where the customer provides marketing services to the distributor in its retail store, all in order to advertise distributor’s goods in the customer's retail stores (for example, positioning of goods and assortment).
According to the position of the Ministry of Finance, this obligation should exist, since the service is provided in retail stores, regardless of whether the recipient of the service is an individual or legal entity, and all in accordance with the provisions of Article 3 para 2 of the Law on Fiscalization.
Furthermore, when it comes to the right to deduct the input VAT on the side of the recipient of the service - the VAT payer, it should not depend on whether the VAT payer has received a fiscal receipt or not. Namely, the right to VAT deduction may be exercised on the basis of any document that could be considered as an invoice.
Provided that the value of the compensation for marketing services is contracted in foreign currency, the fiscalization obligor should state the value of the compensation on the fiscal receipt in RSD, at the middle exchange rate of the National Bank of Serbia on the date of supply.
In addition to the aforementioned Ruling, the Ministry of Finance issued a Ruling no. 011-00-00797/2022-04 on September 5, 2022, which establishes the obligation of recording the estimated fee for the services provided by issuing a fiscal receipt, in case the exact value of the provided service is not known at the time of supply. After determining the exact value of the said service, the fiscalization obligor should correct recording of the supply, all in accordance with the Serbian fiscalization legislation.
Contact:
Anđelija Milićević
email: amilicevic@deloittece.com
Tel: +381 (11) 3812224
Nebojša Jovanović
email: nebjovanovic@deloittece.com
Tel: +381 (11) 3819133