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Registration of Company's Changes Will Not Be Allowed During Tax Audit

Registration of Company's Changes Will Not Be Allowed During Tax Audit


The Serbian Minister of Finance issued the Rulebook on the Manner and Procedure of Delivering and the Content of the Tax Administration's Notification on Commencement or Finalization of Tax Audit ("Rulebook").

Under the Rulebook, the Tax Administration ("TA") will start to deliver notifications on initiated tax audits of the legal entities and entrepreneurs to the Business Registers Agency ("BRA"). Notifications will be delivered once a day.

The Rulebook is issued in order to enforce the provision of the Law on the Tax Procedure and Tax Administration which prescribes that from the moment of receipt of notification on the commencement of the tax audit, until the receipt of notification that the tax audit is finalised, the BRA may not register the following changes:

  • status changes;
  • information on founders and shareholders;
  • business name;
  • registered seat;
  • share capital;
  • changes of legal forms, and
  • deletion from the registry.

In practice, the taxpayers will not be able to register any of the listed changes after the TA delivers the notice on the tax audit. This may have a negative effect on the day-to-day business of taxpayers because there is no legal deadline for the TA to finish with the tax audit.

The Rulebook started to apply on 8 October.

By Branimir Rajsic, Senior Consultant, and Tanja Unguran, Partner, Karanovic & Nikolic

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