REGULATION ON DETERMINING THE AMOUNT OF MINIMUM RESERVE FOR SETTLEMENT OF THE OBLIGATIONS OF THE INDIRECT TAXATION ADMINISTRATION IN CONNECTION WITH INDIRECT TAXES, OTHER REVENUES AND FEES

Official Gazette of Bosnia and Herzegovina, number 12/23, 24 February 2023.

Based on Article 6 of the Law on the Indirect Taxation Administration (“Official Gazette of BiH”, No. 89/05) and Article 21 of the Law on the Indirect Taxation System in Bosnia and Herzegovina (“Official Gazette of BiH”, No. 44/03, 52 /04, 32/07, 34/07, 4/08, 49/09, 32/13 and 91/17), and in connection with Article 9 of the Law on Payments to the Unified Account and Revenue Distribution (“Official Gazette of BiH”, No. 55/04, 34/07, 49/09 and 91/07), the Management Board of the Indirect Taxation Administration, at the proposal of the director of the Indirect Taxation Administration, at the session held on 02/09/2023. year, brings

RULEBOOK

ON THE DETERMINATION OF THE MINIMUM RESERVE AMOUNT FOR SETTLEMENT OF THE INDIRECT TAXATION ADMINISTRATION’S OBLIGATIONS IN CONNECTION WITH INDIRECT TAXES, OTHER REVENUES AND FEES

PART ONE – Basic provisions

Article 1.

(Subject)

This rulebook determines the minimum reserve amount on the Single Account, which the Indirect Taxation Administration (hereinafter: ITA) needs to settle all obligations related to indirect taxes, other revenues and fees, the method of submitting the data required for the settlement of obligations and reporting on allocated funds for reserves.

Article 2.

(Using masculine or feminine expressions)

For the sake of clarity, the words listed in the regulation in one gender without discrimination refer to both the male and female genders.

Article 3.

(Definitions)

In terms of this rulebook, the terms used have the following meanings:

a) State – Institutions of Bosnia and Herzegovina,
b) Entities – Federation of Bosnia and Herzegovina and Republika Srpska,
c) District – Brčko District of Bosnia and Herzegovina,
d) Single account – accounts opened by the ITA on behalf of and for the account of the state, entity and District with one or more commercial banks for the collection of individual income and accounts and sub-accounts with the Central Bank of BiH that serve for recording, holding and distribution of income according to income beneficiaries , as well as accounts for holding a minimum reserve,
e) Minimum reserves – allocated funds in the amount of 10% of daily income in the Single account for the purposes of refunds and other payments resulting from indirect taxes, other income and fees to taxpayers and other persons,
f) Reserves – the total amount of funds set aside for the settlement of obligations based on refunds and other payments resulting from indirect taxes and other revenues and fees,
g) Obligations – obligations based on refunds and other payments arising from indirect taxes, other revenues and fees, h) Taxpayer – a natural or legal person who is registered with the Directorate for Indirect Taxation in the Unified Register of Indirect Tax Payers,
i) Other person – a natural or legal person who is not registered in the Unified register of indirect tax payers with the Indirect Tax Administration, and who may be the bearer of rights and obligations that are subject to regulation by this rulebook.

PART TWO – Determining reserves and method of data submission

Article 4.

(Determining the minimum reserve and reserve)

(1) The ITA is obliged to set aside funds from the collected revenues every working day as a minimum reserve of 10% of the daily revenues in the Single account for the purposes of settling obligations towards taxpayers and other persons.

(2) In the event that the minimum reserve from paragraph (1) of this article is not sufficient to settle all the daily obligations of the ITA, and in order to ensure payment of obligations, the difference of the missing amount of funds is provided from the remaining amount of collected revenues from the Single Account.

(3) The reserve represents the total set aside funds necessary to settle the obligations of the ITA.

Article 5.

(Settlement of obligations)

(1) The ITA performs the obligations from Article 6 of this rulebook on the same day from the reserve.

(2) If the amount of the reserve funds is not sufficient to settle the obligations, the ITA executes the remaining outstanding obligations upon securing additional reserve funds.

Article 6.

(Delivery of data required for settlement of ITA obligations)

ITA organizational units that approve refunds and other payments submit the following data to the Department for Business Services, Financial Management Department, every working day by 9:30 a.m., for the purposes of reserving and settling ITA obligations:

a) the total amount of the approved refund of funds i
b) an account for the purpose of recovering funds from reserves opened with a commercial bank that is in the Single Account system.

Article 7.

(Reporting)

(1) The ITA submits a monthly report to the ITA Management Board on the funds set aside for reserves for the purposes of refunds and other payments resulting from indirect taxes, other revenues and fees to taxpayers and other persons.

(2) The ITA submits to the Management Board of the ITA the report from paragraph (1) of this article by the 10th day of the current month for the previous month.

PART THREE – Transitional and final provisions

Article 8.

(Termination of validity of regulations)

With the entry into force of this rulebook, the Rulebook on determining the amount of the reserve in the Single account for settling obligations related to indirect taxes ceases to be valid charged by the Administration for Indirect Taxation (“Official Gazette of BiH”, number 59/04) and the application of the Decision of the Administrative Board PUO 0602/13/2008 of February 6, 2008 ceases. (“Official Gazette of Bosnia and Herzegovina”, number 24/08).

Article 9

(Effective)

This rulebook enters into force on the eighth day from the day of its publication in the “Official Gazette of Bosnia and Herzegovina”.

Number 02-02-66-2/22

9th February 2023
Sarajevo

Chairman

of the Board of Directors

dr. Zoran Tegeltija, s. r.