The Ministry of Finance has adopted the Rulebook on Amendments to the Rulebook on the Implementation of the Law on Value Added Tax.
In the Rulebook on the Implementation of the Law on Value Added Tax (“Official Gazette of RCG”, nos. 65/02, 13/03, 59/04, 79/05, and 16/06, and “Official Gazette of Montenegro”, nos. 64/08, 30/13, 32/15, 53/17, 84/17, 12/21, 73/21, and 106/21), Article 109 (Tax Refund Based on Tax Return) has been amended and supplemented:
XII VAT REFUND
Tax Refund Based on Tax Return
Article 109
(1) A taxpayer who is entitled to an input tax deduction in a tax period, where the input tax exceeds the tax liability, is granted the difference as a tax credit for the next period or, upon their request, refunded within 60 days from the date of submitting the VAT return.
(2) For a taxpayer who is a predominant exporter or a taxpayer who shows an excess input tax in more than three consecutive VAT returns, the VAT difference may be refunded within 30 days from the date of submitting the VAT return.
(3) A predominant exporter, as referred to in paragraph 2 of this article, is considered a taxpayer whose revenues from abroad constitute more than 51% of their total revenues.
(4) A taxpayer referred to in paragraph 2 of this article submits a request to the competent tax authority to obtain the status of a predominant exporter, providing:
- the name or title and address or permanent residence,
- VAT number (Tax ID),
- data on exports as referred to in paragraph 3 of this article, including documents from which the data originate.
AMENDMENT – Paragraph 5
(5) For a taxpayer whose deadline for paying other taxes has expired, the tax authority will redirect the difference referred to in paragraph 1 of this article, recognized as a tax credit, to pay those taxes.
(Previously defined as follows: For a taxpayer whose deadline for paying other taxes has expired, the VAT difference is reduced by the amount of the tax debt.)
THREE NEW PARAGRAPHS:
(6) Regarding the redirection referred to in paragraph 5 of this article, the tax authority issues a decision based on which the redirection is carried out.
(7) The redirection of the difference referred to in paragraph 1 of this article, recognized as a tax credit for the payment of personal income tax and contributions for mandatory social insurance, until technical conditions are met in the tax authority, is carried out by the Ministry of Finance based on a request for the redirection of funds.
(8) The request referred to in paragraph 7 of this article is submitted on Form SP-PDV, which is an integral part of this Rulebook.
This Rulebook was published in the “Official Gazette of Montenegro” no. 30/2024 dated April 2, 2024, and comes into force on the eighth day from the date of publication.
