A recent initiative has emerged in Serbia, proposing amendments to the Value Added Tax Act with a dual purpose: encouraging food donations and combating food waste. These proposed changes carry significant implications, not only for the economy but also for environmental, social, and governance (ESG) considerations. The Proposal The proposed amendments present a strong possibility to tackle food waste by incentivizing surplus food donations from legal entities involved in food production or sales. By exempting such donations from Value Added Tax (VAT), the initiative aims to eliminate financial barriers that often deter businesses from contributing excess food to social and […]
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It is common for the media to report on the incomes and prize money earned by professional athletes. However, what is less known are the intricacies of their tax obligations. Before delving into sports-related taxation, it’s essential to recognize that the contributions of professional athletes to their countries. These extend far beyond any monetary value that might arise from taxing their income and prize money. Nevertheless, taxes are an inevitable aspect of life, and the sports industry is no exception. Taxing this revenue is always a hot topic, with sports becoming increasingly lucrative and generating substantial sums of money. Most […]
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Amendments to the Tax Procedures and Tax Administration Act (“Act“) were adopted and entered into force on December 20, 2022. The following is a reminder of the most significant changes you should keep an eye on. (Non)postponement of the enforcement procedure The legislator removed paragraph 6 from Article 77 of the Act through the amendments. This article stipulated that the Tax Administration would only initiate compulsory enforcement after a decision had been made on a taxpayer’s request to postpone tax payment. This move implies that the Tax Administration may, without restrictions, initiate enforcement proceedings even though a request for tax deferment has […]
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’’Good corporate governance, it’s about being proper and prosper.” Toba Beta Environmental, social and governance (ESG) factors are increasingly being used by investors looking to assess the sustainability and risk profile of companies. Governments worldwide are taking part in this ESG focus, with new legislation being introduced to build the foundations and provide a legal basis to ESG. We have already written about the importance of ESG when assessing the market performance of a company which is supported by a growing number of research and data analyses. In previous articles, we have covered the “E” and “S”, with the letter […]
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For several years in a row, Serbia is ranked among the leading destinations for foreign investors. According to the Greenfield FDI Performance Index, in 2019 Serbia was ranked first among 105 states observed by the index. A similar status was maintained throughout the subsequent years as Serbia ranked fifth in 2020, and sixth in 2021. According to the World Bank Doing Business rankings, Serbia is ranked among business-friendly jurisdictions, whose ease of doing business index grows regularly. The willingness to invest raises concerns regarding the legal and institutional framework of the host economy. Bilateral investment treaties (“BIT”) have been presented […]
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This year brought numerous changes to businesses in Serbia, and digitalization was particularly in focus. Instead of the Fiscal Cash Registers Act, Serbia now has the Fiscalization Act, which will start to apply on January 1, 2022 (the “Act“). Entities who have the obligation to record the turnover of goods and services in retail through the fiscal cash register are obliged to harmonize their business with the provisions of the Act by April 30, 2022. The transition period began on November 1, so that taxpayers can now gradually adjust their businesses to the new fiscalization model. So, what does the […]
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In the past few years, virtual currencies have become very attractive to investors across the globe. Their importance for world capital and money flows is constantly growing, which resulted in the need for them to be regulated. That was the precise reason for the Republic of Serbia to adopt the Digital Property Act at the end of last year. Its significance is recognized in defining digital assets for the very first time, thus introducing them into regulated economic flows. However, this Act alone could not resolve all issues and questions related to digital property. For example, the Digital Property Act […]
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The imaginary familiarity with a famous person through platforms such as Instagram is more common when the other party is a so-called influencer – a person that enjoys appreciation of a large number of users due to their reputation. The imaginary closeness is, on the other hand, a very powerful tool in hands of influencers as users often aspire to emulate their lifestyle. However, the lifestyle the influencer presents is not always genuine as the content presented often includes (some form of) promotion. When an influencer shows on their profile that they use a certain product, there is a great […]
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The EU’s second-highest court sided with Amazon.com (“Amazon”) recently, saying it did not owe millions to Luxembourg in unpaid taxes. On May 12, 2021, the General Court (“Court”) overturned the European Commission’s (“Commission”) order to Amazon to pay EUR 250 million to Luxembourg, as reimbursement of illegal State aid. The Court held that the European Commission’s primary finding of an alleged advantage was based on an incorrect analysis. Precisely, the Court argued that none of the findings set out by the Commission in the contested decision were sufficient to demonstrate the existence of an advantage for the purposes of Article […]
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Legal Framework for the so-called influencing To say that there is no special advertising act in Bosnia and Herzegovina (“BiH”) is not completely true. Namely, certain forms of (illegal) advertising are regulated by the Prohibited Advertising Act. This Act regulates the protection of merchants from illicit advertising, the protection of procedures and determines forms of illicit advertising. On the other hand, advertising as such is regulated indirectly at the level of the Federation. In this regard, the Consumer Protection Act is applicable, considering that BiH is one of few European countries that has neither a media act nor an electronic […]
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Joe Biden’s first big clash with the largest businesses in the US came as a result of his proposal to increase corporate tax and raised quite a few eyebrows. Although Corporate America initially welcomed the massive government spending plan, it later expressed genuine concerns on the topic. International corporate taxation has long presented a challenge for tax authorities worldwide, causing them losses in billions of tax dollars. The US has been one of the largest backers of negotiations on a large-scale reform of international corporate taxation that have been going on for quite some time. However, an agreement is yet […]
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Influencer marketing is a fast-growing discipline, and the number of influencers is growing every day in our region. Like Serbia, Croatia is also “fertile ground” for influencer marketing and numerous extremely “influential influencers”. Testimonies of many, both “micro” and “macro” influencers from Croatia, demonstrate that this indeed amounts to a full-time job. So, how does one hire an influencer? In a nutshell, after “becoming famous”, influencers receive offers to promote various products and services on a daily basis, but how is this activity legally regulated in Croatia? Stay tuned, as we discuss below in greater detail the legal position of […]
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Who are “influencers”? Developments in technology and the significant influence of social networks on modern life, have resulted in the development of a completely new breed of digital marketers – influencers[1]. Increasingly, successful brands now recognize influencer marketing as an extremely effective way to advertise their business which in turn expands their reach and increasing the sales of products and services. The term influencers originated in the English language, and many other languages, including Serbian, use anglicisms to refer to influencers to denote influential people within a certain group of people. We are familiar with their work today on various […]
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I. Introductory Remarks The application of the Act on Determining the Origin of Property and Special Tax (“Act”) started on March 12, 2021. Since the introduction of the bill, the Act has attracted a lot of attention, both from the professional public and others, not only because of the subject of regulation, but also because of its legal solutions. The Act came into force at the start of 2020, but its implementation was postponed for a year. In that period, amid criticism, some amendments were added to the Act, just before the start of its implementation. It is noticeable that […]
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The subject of adequate and/or fair tax regulation is always a hot topic. Not only because it affects a country’s economy, but also people`s everyday lives. Updates to tax regulations are almost always controversial. This article gives an overview of amendments to Serbia’s Value Added Tax (“VAT”), and the wrangling between members of the gig economy and the Tax Administration. The Ministry of Finance of the Republic of Serbia published the Value Added Tax Amendment Bill (“Bill”). The main changes are as follows: Open-end investment funds and alternative investment funds will be liable to VAT; VAT on speculative […]
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As much as the rise of new technologies and novel business models has shown as inevitable in the past few decades, so has the payment of taxes. Most taxpayers operating in the Republic of Serbia are aware of their obligation to pay taxes and contributions. However, questions arise for those who work and earn abroad through new and increasingly complex business models (although physically residing mostly in Serbia), and may not be aware that they have to pay taxes and contributions, and should report to the Tax Office. The precipitous rise in the number of new types of creatives and […]
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Traveling the world, being part of the global digital community, earning a living in far-flung destinations… Almost everybody has at least once fantasized about living the life of a digital nomad. However, is it as simple as it seems at first glance? Catching Up with a Term… Digital nomads are location-independent workers that avail of amazing technological innovations and modern culture to work remotely. As technology has dramatically reshaped the work environment, swapping the office for some distant destination is becoming a reality for many. Key to this digital nomad lifestyle is the ability and the flexibility to work remotely. […]
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The Economic and Financial Affairs Council (“the Council”) on 18 February 2020 adopted revised conclusions on the EU list of non-cooperative jurisdictions for tax purposes (“the EU list”). The EU list (Annex I) includes non-EU countries or territories which had not made sufficient commitments in response to the EU‘s concerns about taxation arrangements. The State of play section (Annex II) lists the jurisdictions which had responded with sufficient commitments. Therefore, the jurisdictions that do not yet comply with all international tax standards but have committed to reforms are included in Annex II. These countries need to take effective actions to […]
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On 24 February 2020 the National Assembly of the Republic of Serbia adopted the Registry of Real Estate, Overhead Lines and Underground Ducts (Registration Procedure) Amendment Act (“Registration Procedure Act”). The amendments will enter into force on 3 March 2020, while certain provisions shall apply as from 31 March 2020. The main idea was to simplify the procedure before the Republic Ordnance Survey Authority. A key change concerns Article 39 of the Registration Procedure Act, which now stipulates that service of procedural documents to parties will be effected in the form of an electronic document via single electronic mailbox. If […]
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