Confida News | Challenges of eCommerce in Serbia

Yesterday, we held an interesting lecture on the topic of e-business challenges, tax laws and regulations related to all forms of eCommerce in Serbia. We also covered the topic of e-money institutions.

eCommerceBoth topics are of great importance for entrepreneurs, founders of startups. The lecture was intended for anyone interested in e-commerce on a personal and professional level as well as for those who have or want to lunch their e-commerce business.

Read below more about the most important topics we talked about.

It is important that you know that in the domestic legal system the electronic trade area is regulated by the following regulations:

Law on eCommerce Trade (“Official Gazette of the Republic of Serbia”, No. 41/2009)

Law on Consumer Protection (“Official Gazette of the Republic of Serbia”, No. 62/2014 and 6/2016 – other law)

Law on Trade (“Official Gazette of the Republic of Serbia”, No. 53/2010, 10/2013 and 95/2013 and 44/2018 – other law)

Law on Advertising (“Official Gazette of the Republic of Serbia”, No. 6/2016)

E-commerce platforms and web shops are highly represented, there are more and more expanded internet platforms that serve to connect sellers and customers of different goods (Aliexpress, limundo …). The relevant platforms are earned by the fact that, according to the contract, they receive a commission based on the transaction executed.

In legal and tax terms, it is a mediation service. Namely, under Article 813 of the Law on Obligations, the mediation contract obliges that mediator(owner of the platform) will seek buyers and sellers and bring into contact with the principal the person who would negotiate with him the conclusion of a particular contract, and the principal obliges him to pay him a certain fee if that contract is concluded.

Invoicing and recording of turnover through fiscal cash registers

B2B – there is no obligation to record traffic through a fiscal cash register, but if the trader is a VAT payer, there is an obligation to issue a VAT account in accordance with the VAT regulations.

B2C – in general, there is a liability of turnover through a fiscal cash register, however, the activity from the group 47.91 – Retail by mail and the Internet Classification of the activity, under Article 2 of the Regulation, excluded from the obligation to record the turnover through the fiscal cash register.

However, if ordered goods are delivered to the customer, for example, if the seller’s delivery service or goods is paid to an employee with an employer who supplies the ordered goods, it will be considered that in that case the group 47.91 of Retail business will not be engaged by mail and the Internet, and the seller will be obliged to register the turnover through the fiscal cash register.

The Ministry of Finance decided in the case of providing services to individuals on the Internet, where the complete service is provided electronically, and paying by direct payment to the account of the service provider, or by credit card, without direct contact with the natural person, there is no obligation to record through a fiscal cash register.

Sonja from Pausal talked about the institutions of electronic money and the use of Payoneer, and you can find out more about this topic on their blog.

If you are interested in finding out more or have any questions on this topic, you can send mail to our tax experts on tax@confida.rs.

 

2019-05-31T11:10:16+00:00 May 31st, 2019|

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