NALED's initiative for electronic issuance of tax certificates

On Tuesday, 18 December 2018 NALED filed an initiative to the Ministry of Finance to enable electronic issuance of certificates on paid taxes by the Tax Administration, which would significantly ease the administrative burden to businesses in Serbia, as well as the Tax Administration.

Currently, all legal entities and individuals physically visit the Tax Administration branch offices, upon first paying the fee for issuing the certificate, and ait up to 15 days to receive the certificate in paper form. This process of issuing certificates is costing businesses more than a million euros on a yearly basis, it requires high engagement of the Tax Administration employees and complicates the procedure of eliminating businesses and entrepreneurs from the Registry of Business Entities managed by the Serbian Business Registers Agency (APR).

Even though there are already available technical pre-requisites to enable electronic issuing of tax certificates through the ePorezi (eTax) portal, the Tax Administration does not issue the electronic document due to a problematic interpretation of regulations that a certificate can be issued only after the fee has been paid. 

However, paying the fee, as well as generating the certificate of paid taxes, cannot be performed electronically and it requires a visit to the Tax Administration counter, which makes the electronic service redundant, and thus impossible, unless the interpretation of regulations is altered. 

In this regard, NALED's recommendation is that the issue should be resolved with a legal interpretation that would enable the issuance of electronic certificate without paying a fee, bearing in mind that Article 2, Paragraph 6 of the Law on Republic Administrative Fees prescribes that the insight into the data managed by institutions in electronic form, as well as the download of these data via electronic channels, is not considered an act or activity.