The Law Office Marović provides legal assistance with obtaining a value-added tax (VAT) refund when purchasing a first property.
The right to a VAT refund is regulated by the Law on Value Added Tax of the Republic of Serbia. This right applies to individuals purchasing an apartment or house for the first time directly from a developer registered in the VAT system. The refund is granted for residential space up to 40 m² for the buyer, plus an additional 15 m² for each household member.
This right does not cover purchases from private individuals, nor does it apply to garages, commercial premises, or ancillary rooms, but exclusively to apartments and houses intended for residential use.
To be eligible for a VAT refund, the following conditions must be fulfilled:
It is advisable to consult a lawyer before signing the purchase agreement to verify whether the seller meets the conditions (such as being registered in the VAT system), whether the contractual provisions are properly drafted, and whether all household members can be included. Engaging a lawyer in a timely manner helps prevent mistakes that could later result in the rejection of the VAT refund request.
No, this right exists only when the apartment or house is purchased from a developer registered in the VAT system.
Up to 40 m² for the buyer, plus an additional 15 m² for each household member.
The VAT refund applies to 40 m², while the remaining 20 m² is not eligible for a refund.
Yes, each household member provides an additional 15 m² for the VAT refund.
The Tax Administration recognizes the additional 15 m² only for household members registered at the same residential address.
No later than the date of submitting the VAT refund request.
No, the right to the refund belongs to the buyer, and children are only used to extend the eligible square footage.
No, the refund applies exclusively to the residential space.
Yes, the right exists even when purchasing through a credit arrangement.
Legally, the period is 30 days, but in practice, the process usually takes 2–6 months.
The right to a refund is not lost, and there is no obligation to return the funds.
Yes, but the application must be submitted after notarization of the contract and final payment of VAT.
No, the refund can only be claimed for one residential unit.
Yes, the refund is calculated proportionally according to their ownership shares.
The refund is granted only up to the limit; VAT on the excess area is not refunded.
No, only the usable residential area is counted.
Want to Claim a VAT Refund When Purchasing Your First Property?
The Law Office Marović is at your disposal to provide full legal assistance and representation throughout this process.
Note: The content of this text is for informational purposes only and does not constitute legal advice. Although we strive to ensure that the information is accurate and up to date, every situation has its specificities and requires an individual legal assessment. For precise and reliable advice regarding your specific case, it is recommended to consult a lawyer.
Last updated: 15 October 2025
