Official Gazette of RS No. 20/1010
On the basis of Art 38 § 2 of the Law on the Tax Procedure and Tax Administration (Official Gazette of RS No. 80/02, 84/02 - correction, 23/03 - correction, 70/03, 55/04, 61/05, 85/05 – other law, 62/06 - other law, 61/07, 20/09 and 72/09 - other law) and Art. 40 § 5 of the Law on the Profit Tax of Legal Entities (Official Gazette of RS No. 25/01, 80/02, 80/02 - other law, 43/03, 84/04 and 18/10),
the finance minister enacts the following
REGULATIONS
on the content of the tax return for the settlement of profit tax on incomes realized by non-resident taxpayers – legal entities on the basis of capital profit
Art. 1.
These Regulations stipulate the content of the tax return for the settlement of profit tax on incomes realized by non-resident taxpayers – legal entities, on the basis of capital profit (hereinafter: non-resident taxpayer) from Art. 40 § 3 of the Law on the Profit Tax of Legal Entities (Official Gazette of RS No. 25/01, 80/02, 43/03, 84/04 and 18/10 – hereinafter: the Law).
Art. 2.
The tax return for the settlement of profit tax on incomes realized by non-resident taxpayers in the territory of the Republic, on the basis of capital profit, which incomes are in line with provisions 27-29 of the Law, is filed on the PPKD form - tax return for the settlement of profit tax on incomes realized by non-resident taxpayers on the basis of capital profit, printed along with these Regulations and forming a constituent part thereof. The tax return from §1 of this Art is filed with the organizational unit of the Tax Authorities in the municipality in the territory of which the income has been realized.
Art. 3.
As to incomes from Art. 40 § 3 of the Law, a non-resident taxpayer is to file a tax return with a competent tax authority, through a tax attorney appointed in line with the regulations on the tax procedure and tax administration, on the PPKD form, within 15 days as of the day the incomes were realized.
The non-resident taxpayer files the form from Art 2 of these Regulations also in the case when, in line with an agreement on double taxation avoidance, they pay the capital profit tax in their state of residence, specifying the bases for not paying the tax and submitting a certificate of residence on a special form certified by a competent body of the other contracting state of their residence.
Art. 4.
Along with the PPKD form, the non-resident taxpayer encloses all the required documents proving the basis and method of capital profit settlement and particularly the settlement of the sale and purchase value in line with the Law (records, contracts on sale or purchase, data on the performed transfer of securities, referring to an agreement on double taxation avoidance, etc.).
If necessary, the non-resident taxpayer can enclose with the PPKD form a special specification of the realized capital profit.
Art. 5.
The following data are entered in column 3 of the PPKD form:
1) under no. 1. – the total realized capital profit expressed as a sum of realized capital profits with no. 2, 3, 4, 5 and 6, realized within the period from Art. 3 § 1. of these Regulations
2) under no. 2. – the capital profit realized through the sale of real estate, in line with the provision of Art. 27 of the Law
3) under no. 2.1. – the sales price of the real estate the sale of which has realized capital profit, established in line with the provision of Art. 28 of the Law
4) under no. 2.2. - the purchase price of the real estate the sale of which has realized capital profit, established in line with the provision of Art. 29 of the Law
5) under no. 3. – the capital profit realized through the sale of industrial property rights, in line with the provision of Art. 27 of the Law
8) under no. 4 and 5. – the capital profit realized through the sale of shares in the capital of legal persons, stocks and other securities, in line with the provision of Art. 27 of the Law
9) under no. 4.1. and 5.1. – the sales price of shares in the capital of legal persons, stocks and other securities, the sale of which has realized capital profit, established in line with the provision of Art. 28 of the Law
10) under no. 4.2. and 5.2. - the purchase price of shares in the capital of legal persons, stocks and other securities, the sale of which has realized capital profit, established in line with the provision of Art. 29 of the Law
11) under no. 6. – the capital profit realized in the case of purchase of an investment unit (in line with the law regulating investment funds) by an open investment fund, in line with the provision of Art. 27 of the Law
12) under no. 6.1. – the price at which the investment unit was purchased by an open investment fund
13) under no. 6.2. – the purchase price of an investment unit, established in line with the provision of Art. 29 of the Law
Art. 6.
These regulations take effect on the day following the day of their publication in the Official Gazette of the Republic of Serbia.
No. 110-00-276/2010-04 Belgrade, 29 March 2010 Minister
REPUBLIC OF SERBIA MINISTRY OF FINANCE TAX AUTHORITIES - Organizational Unit- _____________________ Non-resident taxpayer:
Tax identification number (TIN) _________________ The name of the legal person / firm_________
Seat, state of residence and address__________
Tax attorney: TIN/personal no. of the tax power of attorney Name of the bank and account no. in the Republic________
TAX RETURN
FOR THE SETTLEMENT OF INCOME TAX A NON-RESIDENT TAXPAYER REALIZES ON THE BASIS OF CAPITAL PROFIT
No. Description Amount in dinars Income realization date
1 2 3 4
1. Total realized capital profit (2+3+4+5+6) 2. Capital profit realized through real estate sale
(2.1.- 2.2.)
2.1. Real estate sales price 2.2. Real estate purchase price
3. Capital profit realized through industrial property rights’ sale (3.1.- 3.2.)
3.1. Sales price of industrial property rights 3.2. Purchase price of industrial property rights 4. Capital profit realized through the sale of
shares in legal entities’ capital (4.1.- 4.2.) 4.1. Sales price of shares in legal entities’ capital 4.2. Purchase price of shares in legal entities’
capital
5. Capital profit realized through the sale of stocks and other securities (5.1.- 5.2.)
List of enclosed evidence
Note
М.П.
_________________ _________________ Place and date Tax attorney’s signature
