June 2024

Amendments to the Rulebook on the interest rates that are considered to be in compliance with the arm's lenght

The Ministry of Finance published the Rulebook on interest rates considered to be in line with the "arm's length" principle for FY 2024. The Rulebook applies from June 8th, 2024. The Rulebook prescribes interest rates that, in accordance with the "arm's length" principle, are calculated on loans, ie., credits between related parties for FY24.

The alternative is for the taxpayer to independently determine the interest rates " arm's length", in accordance with the provisions of Article 61, para. 4. and 5. CIT Law which prescribe the following:

  • Instead of using interest rates prescribed by the Minister for purposes of determining interest rates that would be calculated on the loan or credit with related parties based on the "arm's length" principle, the taxpayer has the right to apply the general rules on determining the price of the transaction based on the "arm's length" principle.
  • The taxpayer who decides to exercise the right provided for in paragraph 4 of this article is obliged to apply the general rules on determining the price of a transaction based on the "arm's length" principle to all loans, i.e. credits with related parties.
     

Below are prescribed interest rates, separately presented for banks and providers of financial leasing, and for other companies.

Interest rates for banks and financial leasing providers:

  1. 5,02% on short-term credits in RSD;
  2. 5,16% on long-term credits in RSD;
  3. 4,31% on credits in EUR and RSD credits indexed in EUR;
  4. 5,02% on credits in USD and RSD credits indexed in USD;
  5. 2,80% on credits in CHF and RSD credits indexed in CHF;
  6. 4,19% on credits in SEK and RSD credits indexed in SEK;
  7. 1,88% on credits in GBP and RSD credits indexed in GBP;
  8. 2,42% on credits in RUB and RSD credits indexed in RUB;
  9. 4,55% on credits in CNY and RSD credits indexed in CNY;

Interest rates for other companies:

  1. 7,57% on short-term credits in RSD;
  2. 8,30% on long-term credits in RSD;
  3. 6,12% on short-term credits in EUR and RSD credits indexed in EUR;
  4. 6,23% on long-term credits in EUR and RSD credits indexed in EUR;
  5. 7,54% on short-term credits in CHF and RSD credits indexed in CHF;
  6. 8,20% on short-term credits in USD and RSD credits indexed in USD;
  7. 4,25% on long-term credits in USD and RSD credits indexed in USD.

 

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Forvis Mazars Tax News June 2024