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January is always a good time to look back, take stock, and make plans. And 2021, while a complicated year, was in no way uneventful. Across CEE, we’ve had lawyers and law firms variously reporting on – besides the obvious pandemic-related restrictions and increased work flexibility – a record year for M&A transactions, growing green energy, effervescent capital markets, a surprisingly solid real estate sector, ascendant ESG practices, a renewed focus on infrastructure, and TMT going from strength to strength.

Ordinance No. 11/2022 for the amendment and completion of certain normative acts, as well as for the amendment of several deadlines (“GO 11/2022”) was published In the Official Gazette No. 96/2022. This ordinance brings amendments and completions to both Law No. 227/2015 regarding the Fiscal Code (“Fiscal Code”) as well as to Law No. 207/2015 regarding the Fiscal Procedure Code (“Fiscal Procedure Code”).

Bearing in mind the increasingly frequent engagement of foreign legal entities on various projects in Serbia, as well as the fact that during the last year the practice of direct investments by non-residents in Serbia significantly expanded, it is only natural that each transaction in which a legal entity acquires a certain income, raises numerous questions, such as: do non-residents pay income tax in Serbia, in which cases are they obliged to do so, how high is the tax rate, is there an international agreement on avoiding double taxation?

In its recent decision issued on 27 January 2022, the Constitutional Court annulled an important rule of the Tax Procedure Act with regards the prolongation of limitation period. The decision is fundamentally beneficial for taxpayers, but also triggers some uncertainty for repeated proceedings going forward.

In “Official Gazette of Montenegro” no. 145/21 and no. 146/21 on 31, December 2021, amendments of the series of laws were published, including Law on Tax Administration, Law on Personal Income Tax, Law on Corporate Income Tax, Law on Contributions for Compulsory Social Insurance, Law on Compulsory Health Insurance, Labor Law, Law on Companies.

In 2021 Ukraine enacted a set of laws ("Diia City laws") aimed at introducing a legal framework as well as tax, social security, labour and certain other incentives for Ukrainian businesses that derive all or almost all their revenues from R&D and IT-related activities (also known as "DIIA CITY").

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