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Tax on absolute rights

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Tax on absolute rights (also known as tax on transfer of absolute rights) in Serbia mainly relates to transfer of property ownership (apartment, house, land, etc.). Below are all the obligations, regulations and procedures concerning this tax:

📌 BASIC INFORMATION

  • Taxpayer:
    Individual or legal entity transferring or acquiring property ownership rights.
  • Taxable subject:
    Transfer of property ownership, as well as usage rights, long-term leases, building rights, etc.
  • Tax base:
    Market value of the property at the time of contract conclusion (as assessed by the Tax Administration, which may differ from the agreed price).

💸 TAX RATE

  • 2.5% - of the property's market value.
  • In case of transfer based on a gift contract, a different rate may apply (depending on kinship).

🏠 TAX PAYMENT EXEMPTIONS

No tax on transfer of absolute rights in the following cases:

  1. Purchase of first property (first home) - under conditions:
    • The buyer is an individual purchasing an apartment or house for the first time to solve housing needs.
    • Area does not exceed certain limits (up to 40 m² for the buyer plus 15 m² per household member).
  2. Transfer between close relatives (in some gift cases).
  3. When transaction occurs between VAT subjects and VAT is calculated (e.g. for new apartments).

📄 DOCUMENTATION AND PROCEDURE

  1. Notarization of sales contract by a public notary.
  2. Public notary submits tax application for absolute rights transfer tax to the Tax Administration (form PPI-4).
  3. Tax Administration issues tax assessment decision and delivers it to the buyer.
  4. Tax payment deadline: 15 days from receiving the decision.
  5. Payment is made to the appropriate account of the local self-government unit (municipality where the property is located).

⚖️ LEGAL REGULATIONS

  • Property Tax Law (Official Gazette of RS, no. 26/2001... and others)
  • Real Estate Transaction Law
  • Regulation on Determining Tax on Transfer of Absolute Rights

🔍 ADDITIONAL NOTES

  • If the buyer fails to pay the tax, property registration in the Cadastre may be prevented.
  • Default interest is calculated in case of late payment.
  • Expert appraisal can be requested if you disagree with the assessed market value.
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