The Ministry of Finance has made a working version of the Draft Law on Fiscalization, in order to create conditions for the suppression of the gray economy, more efficient control and better tax collection.
The new law should lead to more efficient control of all deliveries of goods and services provided at retail, including advances received for future trade in goods and services.
The new system of fiscalization creates conditions for the Tax Administration for more efficient monitoring and control of taxpayers who are at risk of tax evasion, as well as increasing the number of tax controls in the seat of the tax authority, which reduces the need for field controls, according to the Ministry of Finance.
The new model of fiscalization envisages a comprehensive scope of fiscalization, with the proviso that it is extremely possible to exempt certain activities from the obligation to record retail trade through an electronic fiscal device only in specially justified cases.
In addition to the above, the proposed legal solution will eliminate the perceived shortcomings of the current fiscalization system (fiscalization / defiscalization procedure of fiscal cash registers, regular servicing, storage of control tapes, etc.), which reduces operating costs, eliminates unnecessary administration and creates a better business environment.
The draft law on fiscalization envisages that at the moment of retail trade, each account is fiscalized and that the Tax Administration is transferred data on issued fiscal invoices via a permanent internet connection in real time. Exceptionally, if the data on issued fiscal invoices cannot be submitted in real time, due to internet connection interruption or it is not available at the place of traffic, the obligation to store data in the internal memory of the electronic fiscal device until the data transfer to the Tax Administration is envisaged.
Also, it is envisaged that the taxpayer uses the security element to sign fiscal invoices for the purposes of conducting the fiscalization procedure and verifying identity when exchanging data and information with the Tax Administration. In this regard, the proposed technical solution should provide an efficient and reliable way of transmitting data on issued fiscal invoices to the Tax Administration, which records data on received fiscal invoices in the Fiscalization Management System.
The draft law on fiscalization proposes that the taxpayer at the time of retail trade, including the received advance for future retail trade, issue a fiscal invoice using an electronic fiscal device, which consists of elements (fiscal invoice processor and electronic invoicing system) whose is the use previously approved by the Tax Administration, whereby the Tax Administration will establish a register of elements of electronic fiscal devices whose use is approved, while the taxpayer is left the opportunity to independently develop and implement the device for its business, which the Tax Administration approves before use.
In addition, the new legal solution stipulates that buyers of products, ie users of services, can check whether their fiscal invoice has been issued in accordance with the law, immediately after the issuance of the fiscal invoice.
Prior to the adoption of the Draft Law on Fiscalization, consultations will be held with economic entities and other interested parties, in order to be timely and properly informed about the proposed legal solutions, which would enable them to contribute to further improvement of the proposed solutions.
The current Law on Fiscal Cash Registers has been in force since January 1, 2005, and in the meantime the technology that can be applied in this area has significantly advanced, and after a detailed analysis of the existing fiscalization system, it was found that there is a need for improvement in order to create conditions for combating the gray economy, more efficient control and better tax collection.
Given that the fight against the gray economy is one of the strategic goals of the Government, the measure of improving the fiscalization system and expanding the scope of fiscalization is envisaged by the National Program for Combating the Gray Economy with the Action Plan for Implementing the National Program for Combating the Gray Economy.
The beginning of the application of the law is planned for January 1, 2022, in order to pass bylaws for the implementation of this law in the meantime, and the taxpayers have enough time to harmonize their business with the provisions of the new law, Srbija Danas reports.
