Member Article

The most important change to the CIT Law is the introduction of the obligation for a non-resident tax payer to file the tax return for capital gains it generates in Montenegro. The non-resident will have to file the tax return within 30 days after the income was generated. The tax authorities will assess the tax in their resolution. Until now, capital gains tax was paid on a withholding basis.

The non-residents will also be obliged to file the tax return for their income from leasing movable and immovable property, if income is derived from a person who is not obliged to withhold and pay withholding tax (e.g. from an individual).

The list of income types that are subject to withholding tax is expanded. The withholding tax shall be paid on income generated by resident and non-resident individuals from the sales of used products, goods, and agricultural products purchased from the taxpayer who is registered as a VAT payer. Withholding tax shall be paid on the income generated by the non-resident legal entity with respect to entertainment performances, fun, artistic, sporting or similar activities in Montenegro.

The latest amendments to the CIT Law prescribe that salaries, severance payments at retirement, redundancy payments and payments of the other benefits at termination of employment, are recognised as a tax deductible expense of Montenegrin taxpayers, in the tax period in which the payment was executed. The expenses will not be recognised when they are accrued.

The impairment expenses will not be recognised for tax purposes. As an exception, the impairment of the value of shares in capital of the company that is in the process of privatisation may be recognised for tax purposes if shares are acquired by a conversion of receivables into the share capital.

Conditions that the domestic taxpayer has to fulfill in order to deduct expenses of a write-off of receivables for tax purposes are changed. The taxpayer has to demonstrate (i) that receivables were included into the taxable income, (ii) that they are written-off in taxpayer's books, (iii) that the taxpayer filed the suit, or initiated forced collection, or if it claimed unpaid receivables in the liquidation or bankruptcy procedure, and (iv) that the receivable is older than 365 days. Therefore, it is not required that the taxpayer waits for the ending of the litigation process in order to deduct the expense, but it is enough that it initiated the proceedings.

The list of expenses that are deductible up to the amount of 3.5% of the total income of the taxpayer is now expanded. Besides expenses incurred for healthcare, education, scientific, religious, cultural, sports, environmental and humanitarian purposes, the list now includes expenses made for purposes of protecting persons with disabilities, social care for children and youth, assistance to the elderly, protection and promotion of human and minority rights, the rule of law, civil society and volunteerism, NATO and European integration, art, technical culture, promotion of agriculture and rural development, sustainable development, consumer protection, gender equality, the fight against corruption and organised crime and the fight against addictions. These expenses will be deductible only if they are executed to legal entities and if they are used exclusively for the above mentioned purpose. Expenses shall be deductible for tax purposes if they are made in cash, goods or in rights and services.

Amendments prescribe that the taxpayer will be fined in the range from EUR 550 euro to EUR 16,500 if he/she calculates the tax contrary to the CIT law.

The amendments to the CIT Law will be applied starting from 1 January 2017.

Value Added Tax Law

A whole new spectrum of imported goods which are exempted from VAT such as non-commercial goods which the passengers carry from abroad in prescribed type, value and quantity, items which domestic or foreign citizens permanently residing in Montenegro inherited abroad, goods directly used for museum, archival, restoration, literary, artistic, musical-scene and film activities, based on the opinion of the competent ministry etc.

As of 1 January 2018 the VAT shall be paid by reduced rate of 7% for services of preparation and serving of food and drinks in hotels with at least four stars in the Northern region, and in hotels with a minimum of five stars in the Central and Coastal region. It seems that consumers could expect lower prices for these kinds of services.