E-invoice

1. What are the key dates for the implementation of the Electronic Invoicing Act (the Act) for public sector entities?

• Obligation to issue electronic invoices to other public sector entities – 1 May 2022.

• Obligation to receive and store electronic invoices issued in accordance with the Act – 1 May 2022.

• Obligation to electronically record VAT calculations in the electronic invoicing system – 1 May 2022.

• Obligation to issue electronic invoices to private sector entities – 1 July 2022.

2. What are the key dates for the implementation of the Act for private sector entities?

• Obligation to issue electronic invoices to public sector entities – 1 May 2022.

• Obligation to receive and store electronic invoices issued in accordance with the Act – 1 July 2022.

• Obligation to issue electronic invoices to private sector entities and perform other obligations under the Act – 1 January 2023.

3. What legal framework regulates electronic invoicing?

• Electronic Invoicing Act;

• Rulebook on the elements of electronic invoices, the form and method of submitting accompanying and other documentation through the electronic invoicing system, the method and procedure for electronic recording of VAT calculations, and the application of electronic invoicing standards;

• Rulebook on the procedure and registration for access to the electronic invoicing system, the method of accessing and using the system, and the use of data available in the system;

• Regulation on the conditions and methods for using the invoice management system;

• Rulebook on the procedure of the Central Information Intermediary;

• Regulation on the procedure and conditions for granting and revoking consent for the work of an information intermediary;

• Regulation on the conditions and methods for storing and making electronic invoices available and ensuring the authenticity and integrity of paper copies.

Additionally, the Internal Technical Guidelines issued by the Ministry of Finance, as well as other technical instructions, are also of great importance.

4. What does the Act regulate?

The Act governs the issuance, sending, receipt, processing, storage, content, and elements of electronic invoices, as well as other matters relevant to electronic invoicing.

5. What is the electronic invoicing system (SEF)?

SEF is an IT solution through which electronic invoices are sent, received, recorded, processed, and stored, managed by the Central Information Intermediary.

SEF also allows for the electronic recording of VAT calculations.

6. Who is required to use SEF?

• Private sector entities (registered for VAT) and public sector entities for mutual transactions;

• VAT representatives of foreign entities registered for VAT in Serbia, for transactions with private and public sector entities;

• Voluntary users of the electronic invoicing system.

7. Is there a register of voluntary SEF users and a comprehensive list of public sector entities under the Act?

The Act provides for a publicly available List of SEF Users, containing tax identification numbers of public and private sector entities and voluntary SEF users required to receive and store electronic invoices, as well as unique identifiers of budget users registered with the Central Information Intermediary.

8. What is an electronic invoice?

Under the Act, an electronic invoice is:

• A request for payment for a transaction with compensation;

• Any other document affecting payment;

• An invoice issued for transactions without compensation;

• An invoice for received advances;
  that is issued, sent, and received through the electronic invoicing system.

Invoices sent by email in PDF format are not considered electronic invoices.

9. What are the mandatory elements of an electronic invoice?

• Name, address, and tax ID of the issuer;

• Unique budget user code (JBKJS);

• Issuer’s bank account;

• Name, address, and tax ID of the recipient;

• Recipient’s JBKJS if they are a public sector entity;

• Sequential number and date of the e-invoice;

• Date of goods delivery or service provision, or advance payment date;

• Code and/or name of goods or services, quantity, and unit of measure for each item;

• Value of each item;

• Total invoice amount;

• Amount of advance payments.

Additional mandatory elements apply when the e-invoice documents a decrease or increase in compensation.

10. Can an e-invoice include other data?

Yes. An e-invoice may include other data prescribed by relevant laws (e.g., VAT Act) or data relevant for the issuer, recipient, or other interested parties.

Additional relevant documentation may also be attached (e.g., temporary statements).

11. Is a DEMO version of SEF available?

Yes. The new DEMO SEF version is available at: https://demoefaktura.mfin.gov.rs/.

The production SEF version is available at: https://efaktura.mfin.gov.rs/.

From the moment of registration, all rights and obligations under the Act apply, and all sent and received electronic invoices are considered authentic documents.

12. How can SEF be accessed?

SEF can be accessed directly or indirectly:

• Direct access through:

  1. User interface – authorized personnel can create, issue, accept, reject e-invoices, and record VAT electronically via a web browser.

  2. Application interface (API) – allows connection with the entity’s software system for the same operations.

• Indirect access through an information intermediary.

13. Can a recipient be registered automatically?

Yes. If an e-invoice is issued to a recipient not yet registered but with a tax ID, the recipient will be automatically registered, and the e-invoice will be issued, stored, and delivered if legally required.

14. Who must perform the first SEF registration?

The legal representative of the entity must perform the first registration.

15. Can a foreign legal representative access SEF?

Yes. All registration steps, including registration at eid.gov.rs, must be completed.

16. Can entities with multiple legal representatives with joint signing authority access SEF?

Yes. Each person listed as a legal representative in the Business Register should be able to access SEF and perform the first registration.

17. When is there no obligation to issue an e-invoice?

• Retail transactions and advance payments for retail transactions;

• Contractual obligations towards international framework agreement fund users;

• Procurement or overhaul of weapons, military equipment, sensitive equipment, and related goods and services.

18. Are e-invoices required for transactions with foreign entities?

No, currently there is no obligation to issue e-invoices to foreign entities.

19. Can an e-invoice serve as a delivery note?

No, an e-invoice does not replace a delivery note; it must be provided separately.

20. When is an e-invoice considered delivered?

An e-invoice is considered delivered upon issuance.

21. What is the deadline for accepting or rejecting an e-invoice?

• The recipient must accept or reject within 15 days of receipt.

• If a public sector entity does not respond, the invoice is deemed accepted.

• If a private sector entity does not respond, they are notified again, and if still not accepted within 5 additional days, it is considered rejected.

22. Are there penalties for private sector entities for non-compliance?

Yes. Legal entities can be fined RSD 200,000 to 2,000,000 for:

1. Failing to issue an e-invoice;

2. Failing to record VAT electronically;

3. Misusing SEF data;

4. Failing to receive an e-invoice.

Responsible persons are fined RSD 50,000 to 150,000, and entrepreneurs RSD 50,000 to 500,000.

Additional penalties apply for non-storage of e-invoices and failure to provide access for inspection.

23. How long must e-invoices be stored?

• Public sector: permanently in SEF.

• Private sector: 10 years from the end of the year of issuance.

Mandatory elements recap:

1. Issuer name, address, and tax ID;

2. Unique budget user code (JBKJS);

3. Issuer bank account;

4. Recipient name, address, and tax ID;

5. Recipient JBKJS if a public sector entity;

6. E-invoice sequential number and date;

7. Date of goods/services or advance payment;

8. Code/name, quantity, and unit of measure for each item;

9. Value of each item;

10. Total e-invoice amount;

11. Advance payment amount.

Additional elements apply if the e-invoice documents a decrease/increase in compensation.