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LAW. TAX. TRANSPARENCY
EC PROGRESS REPORTS OF BALKANS 2015
CHAPTER 16: TAXATION
EC Progress
Report 2015 -
SERBIA
EC Progress
Report 2015 -
MONTENEGRO
EC Progress
Report 2015 -
MACEDONIA
EC Progress Report
2015 - ALBANIA
EC Progress Report
2015 - KOSOVO
On indirect
taxation, no
progress can be
reported on value
added tax (VAT).
Excise legislation
still contains some
discriminatory
measures on
imported spirits
and coffee. Excise
duty on electricity
and on electronic
cigarettes was
introduced, as of
August.
On indirect
taxation, in
January 2015
Montenegro
transferred the
competence on
excises from the
tax administration
to the customs
administration.
Value added tax
(VAT) rates were
amended to
further align with
the VAT Directive.
Inter alia, the new
rules also ensure
full alignment with
the acquis on the
exemption from
VAT and excise
duty for goods
imported by
persons travelling
from third
countries. A
rulebook
concerning the
refund of excise
duty on mineral oil
was adopted,
relevant to acquis
requirements.
Having repealed its
excise duties on
coffee on 1
January 2015,
which had a
discriminatory
component; in
February
Montenegro
introduced a new
tax on raw and
On indirect
taxation,
amendments to the
Law on Value Added
Tax (VAT) came into
force in January
2015. The legal
basis for ‘e-invoices’
was established.
Processing of VAT
refund requests
within the legal
deadline improved.
Regarding excise
duties, a duty was
introduced on
petroleum coke and
cigarette taxes were
increased. A new
law on prohibiting
and preventing
unregistered
activities was
enacted in
December 2014 to
reduce the informal
economy and
strengthen
cooperation
between different
authorities.
On indirect taxation,
the new value added
tax law and
implementing
legislation came into
force in January. The
law seeks alignment
with the VAT Directive
but still contains
exemptions (zero
rates) which are not in
line with the acquis. It
sets clear deadlines
for payment of VAT
refund claims.
Measures were taken
to refund almost all
VAT arrears.
Legislation on VAT and
on tax procedures was
amended in July to
provide for the
establishment of a
central unit within the
General Directorate of
Taxation which will
process VAT
reimbursement
requests based on a
risk model, with the
aim of shortening the
duration of the
procedure.
Implementing
instructions on some
VAT exception
procedures were also
adopted in June. The
excise law was
amended in
December, increasing
excise duties on
tobacco products,
making changes to
Despite an overall fall
in imports, the 2014
reorganisation of the
customs
administration
resulted in an
increase of 3.9 % in
the collection of
revenues compared
with 2013 and new
systems reduced the
scope for corruption.
LAW. TAX. TRANSPARENCY
roasted coffee. excise duty on energy
drinks and removing
excise duty on natural
bitumen. Further work
is needed to align
excise rates with the
acquis.
On direct taxation,
the amended law
on profit tax
passed in
December exempts
humanitarian aid,
and assistance
provided to
different levels of
government
On direct taxation,
the tax rate on
gross personal
income over EUR
720 per month was
reduced.
There was progress
on direct taxation.
The profit tax law
was amended so
that since 1 January
2015 taxation is
based on annual
profit and no longer
on distributed
profit. Taxation of
gains from games of
chance and betting
was further
improved with the
introduction of
obligatory
automated IT
tracking of
payments.
Amendments to the
Law on Personal
Income Tax enacted
in July include the
regulation of the
fiscal treatment of
capital gains on sale
of real estate.
On direct taxation,
the rate of personal
income tax levied on
income from shares,
rental of immovable
property and
copyright was raised
to 15 %, while income
deriving from
voluntary pension
schemes became
exempt. Further steps
remain necessary to
improve transparency
and public
consultations on
drafting fiscal
legislation.
In taxation, Kosovo
has started to
implement the 2014-
2018 strategy and
action plan for
preventing and
combating the
informal economy,
money laundering
and financing of
terrorism.
On administrative
cooperation and
mutual assistance,
Serbia signed an
agreement to join
the Fiscalis 2020
programme, which
came into force in
July
The law on tax
administration was
amended in
February, to
improve the
collection of taxes
and other duties,
particularly where
a taxpayer fails to
settle their tax
obligations. The
amendments also
introduced the
fiduciary transfer
of property
ownership as a
new means of
ensuring tax
Progress was made
in administrative
cooperation and
mutual assistance.
The country was
assessed as largely
compliant with
phase 2 of the peer
review conducted
under the OECD
Global Forum on
Transparency and
Exchange of
Information for Tax
Purposes. The
recommendations
of the peer review
report should be
As regards
administrative
cooperation and
mutual assistance,
Albania has been
participating in the
EU’s Fiscalis 2020
programme since
January. The tax
administration is
cooperating with the
Italian revenue agency
on transfer pricing
issues under the OECD
programme ‘Tax
inspectors without
borders’. Agreements
on avoidance of
In 2015, Kosovo
applied to join the
Common Transit
Convention and
signed bilateral
agreements with
Albania on trade
facilitation, including
common transit, and
on cooperation in
criminal customs
matters with the
United Kingdom. The
exchange of pre-
arrival electronic
information with
regional customs
administrations is
LAW. TAX. TRANSPARENCY
collection, and
several tax laws
were amended,
including on
property tax and
on the use of
tobacco products.
The amendments
were also designed
to define tax
inspection
measures and the
amount of fines for
tax violations in
more detail. The
2015-2017
Economic Reform
Programme (ERP)
includes measures
increasing excise
duties, and a tax
on games of
chance.
Montenegro
introduced tax
incentives to boost
certain sectors,
such as high-level
tourism and
construction,
including
exemptions from
tax and customs
duties for
construction works
on the Bar-Boljare
highway (also
foreseen in the
ERP). Measures
aimed only at
some businesses,
which are difficult
to administer and
could potentially
distort the market,
should be avoided.
adequately followed
up. Further progress
was made through
double taxation
agreements. The
agreement on the
country’s
participation in the
EU’s Fiscalis 2020
programme was
ratified.
double taxation and
prevention of tax
evasion were
concluded with
Iceland and the Swiss
Federation.
working well.
Nevertheless,
inconsistencies
between the customs
and excise code and
the criminal code
continue to hinder
the fight against
customs crime. The
informal economy
and smuggling across
the border/boundary
lines continue to
harm the economy.
Following an
agreement in the
Pristina-Belgrade
dialogue, two new
co-located crossing
points have been
agreed.
The tax
administration has
continued to improve
its human and
administrative
capacity. Progress
has been made in
introducing
electronic services
including online tax
returns, verification
and payment system
and business
registration centres
(one-stop shop).
There was no
progress in
modernising the
administration’s
internal IT platform
and its procedures.
On operational
capacity and
computerisation,
electronic services
to taxpayers were
further extended
On operational
capacity and
computerisation, a
comprehensive
analysis and
documentation of
Progress was made
on administrative
and operational
capacity. Revenue
collection increased.
The Public Revenue
As regards
operational capacity
and computerisation,
a new IT system was
deployed in the tax
administration as of
The customs service
has further improved
its legislative,
administrative and
organisational
capacity. The first
LAW. TAX. TRANSPARENCY
and revenue
increased. The use
of e-declarations
became
compulsory for a
large number of tax
declarations.
Efforts to combat
the grey economy
intensified, with
reinforced checks
on VAT
compliance. A new
programme for
2015-2020 to
transform the tax
administration was
adopted in June. As
a positive
development, it
includes quarterly
performance
indicators to assess
compliance with
objectives. While
public
communication has
improved, the tax
administration
should upgrade
taxpayer service
and simplify
administrative
procedures. Efforts
are needed to train
staff more
effectively. The
new wellequipped
data centre has
become fully
operational this
year; but
maintaining
staffing in the IT
division has
become a
challenge due to
wage competition
from the private
sector. The tax
administration has
intensified work on
IT interoperability
systems (automatic
exchange of
information among
revenue
administrations
and other
institutions) was
carried out, and
the testing phase
of the
interoperability
architecture has
started. The 2014-
2019 Business
Strategy for the tax
administration was
adopted in
November. The IT
Department of the
tax administration
introduced a new
tax accounting
subsystem,
designed to
eliminate
deficiencies of the
Tax
Administration's
information
system, in line with
audit
recommendations.
The agreement for
Montenegro to
participate in the
Fiscalis 2020
programme was
concluded
Office (PRO)
continued to
develop the
compliance risk
management
system and a
Council for
Compliance was
established. The
efficiency of the
internal audit and
control system
improved. The PRO
further improved
work processes
based on the ISO
9001/ 2008 quality
management
system. The tax
inspectorate’s
capacity was
strengthened by
new methods to
prevent tax evasion.
As of 2015 cash
registers are
compulsory and the
PRO now monitors
online cash turnover
in real-time. ‘E-tax’
services have been
further expanded.
The law on
prohibiting and
preventing
unregistered
activities aims to
reduce the informal
economy through
stronger control
mechanisms, such
as joint inspections
with other control
bodies, increased
information sharing
and controls.
Modernising the IT
system should be a
priority and part of
an overall
modernisation
strategy.
January. Personal
income tax
declarations must now
be made via electronic
means. Initial
technical problems
encountered by
taxpayers have been
resolved. Coordination
between the tax and
customs
administrations has
been strengthened by
ensuring their IT
systems are
interoperable.
Measures were taken
to fight fiscal evasion
in the fuel market. The
General Directorate of
Taxation strengthened
its cooperation with
the High Inspectorate
for Declaration and
Audit of Assets and
Prevention of Conflicts
of Interest. The
management and
revenue collection
capacities of the tax
administration need
to be enhanced to
ensure tax compliance
and prevent further
revenue slippages.
steps towards
merging the customs
and tax
administrations into a
single revenue
agency have been
taken. The merger of
41 investigation units
also brought positive
results. Kosovo
Customs operate
throughout Kosovo,
although to a limited
extent in the north.
The capacity to
enforce tax collection
in northern Kosovo
remains extremely
limited. The existing
backlog of complaints
against the customs
and tax
administrations was
finally dealt with and,
as a result, the
Independent Review
Board dealing with
such cases was
abolished in
December 2014.
LAW. TAX. TRANSPARENCY
improving
supervision by
training of tax
inspectors in
various fields, in
line with EU
methodology. The
discretionary
powers of
individual tax
inspectors should
be further reduced.
Some work was
also done to
improve
operational
activities to curb
the informal
economy, notably
against illegal trade
in fine-cut tobacco
and cigarettes and
in games of chance
and gambling
activities.
Serbia is
moderately
prepared in the
area of taxation.
Some progress was
made with the
adoption of the
2015-2020
programme to
transform the tax
administration.
This should
strengthen
strategic
management and
planning of
taxation. In the
coming year, Serbia
should in
particular: →
improve
operational
activities to curb
the informal
economy; →
further align
national rules on
Montenegro is
moderately
prepared in the
area of taxation.
Some progress was
made in this field.
In the coming year,
Montenegro
should in
particular: →
continue its efforts
on reinforcing its
administrative
capacity and, in
particular, the IT
support for the Tax
administration.
The country is
moderately
prepared in the area
of taxation. Some
progress was made.
The Law on Special
Zones for
Technological and
Industrial
Development is still
not compliant with
the EU Code of
Conduct for
Business Taxation.
In the coming year,
the country should
in particular: →
continue to fight tax
fraud, tax evasion
and the informal
economy; → further
develop the Public
Revenue Office’s
compliance risk
management
system and
strengthen its audit
Albania is moderately
prepared in the area
of taxation. Some
progress was made, in
particular as regards
legislative
approximation with
the acquis on value
added tax (VAT) and
excise. Revenue
performance in 2014
increased, as a result
of tax increases and
improvements in the
tax administration,
but did not increase as
budgeted in 2015. In
the coming year, the
country should in
particular: →
implement new VAT
legislation effectively,
which entails raising
awareness among
businesses and
training tax officials;
→ strictly implement
Kosovo is moderately
prepared in the area
of customs and at an
early stage in
taxation, with some
progress made in
both areas. It took
some initial steps
towards merging the
customs and tax
administrations and
upgrading internal
controls. Customs
legislation is largely
compliant with the
EU’s customs code. In
the coming year,
Kosovo should in
particular: →
implement customs
legislation in line with
EU practice; →
strengthen the
Kosovo tax
administration’s
internal IT platform,
its internal
LAW. TAX. TRANSPARENCY
excise goods,
including those on
imported spirits
and coffee, with
those of the acquis;
→ further simplify
and unify tax
procedures and
better train staff.
capacity and
function; → bring
fiscal provisions on
technological
development zones
into line with the EU
Code of Conduct for
Business Taxation.
measures to prevent
new VAT arrears and
address businesses’
complaints about VAT
refund delays; →
ensure the new IT
system is effective in
reducing arbitrary
practices, fraud and
corruption and
improving information
exchange.
performance controls
and the fight against
corruption; → step
up the fight against
the informal
economy and tax
evasion and prevent
any undue influence
on the work of their
institutions.

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EC Progress Report 2015 FOR BALKANS

  • 1. LAW. TAX. TRANSPARENCY EC PROGRESS REPORTS OF BALKANS 2015 CHAPTER 16: TAXATION EC Progress Report 2015 - SERBIA EC Progress Report 2015 - MONTENEGRO EC Progress Report 2015 - MACEDONIA EC Progress Report 2015 - ALBANIA EC Progress Report 2015 - KOSOVO On indirect taxation, no progress can be reported on value added tax (VAT). Excise legislation still contains some discriminatory measures on imported spirits and coffee. Excise duty on electricity and on electronic cigarettes was introduced, as of August. On indirect taxation, in January 2015 Montenegro transferred the competence on excises from the tax administration to the customs administration. Value added tax (VAT) rates were amended to further align with the VAT Directive. Inter alia, the new rules also ensure full alignment with the acquis on the exemption from VAT and excise duty for goods imported by persons travelling from third countries. A rulebook concerning the refund of excise duty on mineral oil was adopted, relevant to acquis requirements. Having repealed its excise duties on coffee on 1 January 2015, which had a discriminatory component; in February Montenegro introduced a new tax on raw and On indirect taxation, amendments to the Law on Value Added Tax (VAT) came into force in January 2015. The legal basis for ‘e-invoices’ was established. Processing of VAT refund requests within the legal deadline improved. Regarding excise duties, a duty was introduced on petroleum coke and cigarette taxes were increased. A new law on prohibiting and preventing unregistered activities was enacted in December 2014 to reduce the informal economy and strengthen cooperation between different authorities. On indirect taxation, the new value added tax law and implementing legislation came into force in January. The law seeks alignment with the VAT Directive but still contains exemptions (zero rates) which are not in line with the acquis. It sets clear deadlines for payment of VAT refund claims. Measures were taken to refund almost all VAT arrears. Legislation on VAT and on tax procedures was amended in July to provide for the establishment of a central unit within the General Directorate of Taxation which will process VAT reimbursement requests based on a risk model, with the aim of shortening the duration of the procedure. Implementing instructions on some VAT exception procedures were also adopted in June. The excise law was amended in December, increasing excise duties on tobacco products, making changes to Despite an overall fall in imports, the 2014 reorganisation of the customs administration resulted in an increase of 3.9 % in the collection of revenues compared with 2013 and new systems reduced the scope for corruption.
  • 2. LAW. TAX. TRANSPARENCY roasted coffee. excise duty on energy drinks and removing excise duty on natural bitumen. Further work is needed to align excise rates with the acquis. On direct taxation, the amended law on profit tax passed in December exempts humanitarian aid, and assistance provided to different levels of government On direct taxation, the tax rate on gross personal income over EUR 720 per month was reduced. There was progress on direct taxation. The profit tax law was amended so that since 1 January 2015 taxation is based on annual profit and no longer on distributed profit. Taxation of gains from games of chance and betting was further improved with the introduction of obligatory automated IT tracking of payments. Amendments to the Law on Personal Income Tax enacted in July include the regulation of the fiscal treatment of capital gains on sale of real estate. On direct taxation, the rate of personal income tax levied on income from shares, rental of immovable property and copyright was raised to 15 %, while income deriving from voluntary pension schemes became exempt. Further steps remain necessary to improve transparency and public consultations on drafting fiscal legislation. In taxation, Kosovo has started to implement the 2014- 2018 strategy and action plan for preventing and combating the informal economy, money laundering and financing of terrorism. On administrative cooperation and mutual assistance, Serbia signed an agreement to join the Fiscalis 2020 programme, which came into force in July The law on tax administration was amended in February, to improve the collection of taxes and other duties, particularly where a taxpayer fails to settle their tax obligations. The amendments also introduced the fiduciary transfer of property ownership as a new means of ensuring tax Progress was made in administrative cooperation and mutual assistance. The country was assessed as largely compliant with phase 2 of the peer review conducted under the OECD Global Forum on Transparency and Exchange of Information for Tax Purposes. The recommendations of the peer review report should be As regards administrative cooperation and mutual assistance, Albania has been participating in the EU’s Fiscalis 2020 programme since January. The tax administration is cooperating with the Italian revenue agency on transfer pricing issues under the OECD programme ‘Tax inspectors without borders’. Agreements on avoidance of In 2015, Kosovo applied to join the Common Transit Convention and signed bilateral agreements with Albania on trade facilitation, including common transit, and on cooperation in criminal customs matters with the United Kingdom. The exchange of pre- arrival electronic information with regional customs administrations is
  • 3. LAW. TAX. TRANSPARENCY collection, and several tax laws were amended, including on property tax and on the use of tobacco products. The amendments were also designed to define tax inspection measures and the amount of fines for tax violations in more detail. The 2015-2017 Economic Reform Programme (ERP) includes measures increasing excise duties, and a tax on games of chance. Montenegro introduced tax incentives to boost certain sectors, such as high-level tourism and construction, including exemptions from tax and customs duties for construction works on the Bar-Boljare highway (also foreseen in the ERP). Measures aimed only at some businesses, which are difficult to administer and could potentially distort the market, should be avoided. adequately followed up. Further progress was made through double taxation agreements. The agreement on the country’s participation in the EU’s Fiscalis 2020 programme was ratified. double taxation and prevention of tax evasion were concluded with Iceland and the Swiss Federation. working well. Nevertheless, inconsistencies between the customs and excise code and the criminal code continue to hinder the fight against customs crime. The informal economy and smuggling across the border/boundary lines continue to harm the economy. Following an agreement in the Pristina-Belgrade dialogue, two new co-located crossing points have been agreed. The tax administration has continued to improve its human and administrative capacity. Progress has been made in introducing electronic services including online tax returns, verification and payment system and business registration centres (one-stop shop). There was no progress in modernising the administration’s internal IT platform and its procedures. On operational capacity and computerisation, electronic services to taxpayers were further extended On operational capacity and computerisation, a comprehensive analysis and documentation of Progress was made on administrative and operational capacity. Revenue collection increased. The Public Revenue As regards operational capacity and computerisation, a new IT system was deployed in the tax administration as of The customs service has further improved its legislative, administrative and organisational capacity. The first
  • 4. LAW. TAX. TRANSPARENCY and revenue increased. The use of e-declarations became compulsory for a large number of tax declarations. Efforts to combat the grey economy intensified, with reinforced checks on VAT compliance. A new programme for 2015-2020 to transform the tax administration was adopted in June. As a positive development, it includes quarterly performance indicators to assess compliance with objectives. While public communication has improved, the tax administration should upgrade taxpayer service and simplify administrative procedures. Efforts are needed to train staff more effectively. The new wellequipped data centre has become fully operational this year; but maintaining staffing in the IT division has become a challenge due to wage competition from the private sector. The tax administration has intensified work on IT interoperability systems (automatic exchange of information among revenue administrations and other institutions) was carried out, and the testing phase of the interoperability architecture has started. The 2014- 2019 Business Strategy for the tax administration was adopted in November. The IT Department of the tax administration introduced a new tax accounting subsystem, designed to eliminate deficiencies of the Tax Administration's information system, in line with audit recommendations. The agreement for Montenegro to participate in the Fiscalis 2020 programme was concluded Office (PRO) continued to develop the compliance risk management system and a Council for Compliance was established. The efficiency of the internal audit and control system improved. The PRO further improved work processes based on the ISO 9001/ 2008 quality management system. The tax inspectorate’s capacity was strengthened by new methods to prevent tax evasion. As of 2015 cash registers are compulsory and the PRO now monitors online cash turnover in real-time. ‘E-tax’ services have been further expanded. The law on prohibiting and preventing unregistered activities aims to reduce the informal economy through stronger control mechanisms, such as joint inspections with other control bodies, increased information sharing and controls. Modernising the IT system should be a priority and part of an overall modernisation strategy. January. Personal income tax declarations must now be made via electronic means. Initial technical problems encountered by taxpayers have been resolved. Coordination between the tax and customs administrations has been strengthened by ensuring their IT systems are interoperable. Measures were taken to fight fiscal evasion in the fuel market. The General Directorate of Taxation strengthened its cooperation with the High Inspectorate for Declaration and Audit of Assets and Prevention of Conflicts of Interest. The management and revenue collection capacities of the tax administration need to be enhanced to ensure tax compliance and prevent further revenue slippages. steps towards merging the customs and tax administrations into a single revenue agency have been taken. The merger of 41 investigation units also brought positive results. Kosovo Customs operate throughout Kosovo, although to a limited extent in the north. The capacity to enforce tax collection in northern Kosovo remains extremely limited. The existing backlog of complaints against the customs and tax administrations was finally dealt with and, as a result, the Independent Review Board dealing with such cases was abolished in December 2014.
  • 5. LAW. TAX. TRANSPARENCY improving supervision by training of tax inspectors in various fields, in line with EU methodology. The discretionary powers of individual tax inspectors should be further reduced. Some work was also done to improve operational activities to curb the informal economy, notably against illegal trade in fine-cut tobacco and cigarettes and in games of chance and gambling activities. Serbia is moderately prepared in the area of taxation. Some progress was made with the adoption of the 2015-2020 programme to transform the tax administration. This should strengthen strategic management and planning of taxation. In the coming year, Serbia should in particular: → improve operational activities to curb the informal economy; → further align national rules on Montenegro is moderately prepared in the area of taxation. Some progress was made in this field. In the coming year, Montenegro should in particular: → continue its efforts on reinforcing its administrative capacity and, in particular, the IT support for the Tax administration. The country is moderately prepared in the area of taxation. Some progress was made. The Law on Special Zones for Technological and Industrial Development is still not compliant with the EU Code of Conduct for Business Taxation. In the coming year, the country should in particular: → continue to fight tax fraud, tax evasion and the informal economy; → further develop the Public Revenue Office’s compliance risk management system and strengthen its audit Albania is moderately prepared in the area of taxation. Some progress was made, in particular as regards legislative approximation with the acquis on value added tax (VAT) and excise. Revenue performance in 2014 increased, as a result of tax increases and improvements in the tax administration, but did not increase as budgeted in 2015. In the coming year, the country should in particular: → implement new VAT legislation effectively, which entails raising awareness among businesses and training tax officials; → strictly implement Kosovo is moderately prepared in the area of customs and at an early stage in taxation, with some progress made in both areas. It took some initial steps towards merging the customs and tax administrations and upgrading internal controls. Customs legislation is largely compliant with the EU’s customs code. In the coming year, Kosovo should in particular: → implement customs legislation in line with EU practice; → strengthen the Kosovo tax administration’s internal IT platform, its internal
  • 6. LAW. TAX. TRANSPARENCY excise goods, including those on imported spirits and coffee, with those of the acquis; → further simplify and unify tax procedures and better train staff. capacity and function; → bring fiscal provisions on technological development zones into line with the EU Code of Conduct for Business Taxation. measures to prevent new VAT arrears and address businesses’ complaints about VAT refund delays; → ensure the new IT system is effective in reducing arbitrary practices, fraud and corruption and improving information exchange. performance controls and the fight against corruption; → step up the fight against the informal economy and tax evasion and prevent any undue influence on the work of their institutions.