Unoffocial translation
- The SLIM VAT 2 package prepared by the Ministry of Finance was signed by the President. These are a dozen or so changes that facilitate VAT settlement.
- The new regulations will facilitate, among others exercising the right to deduct input tax, extend the deadline for applying the bad debt relief, or improve the financial liquidity of companies using SPM.
The SLIM VAT 2 (Simple Local And Modern VAT) package is another set of changes that will facilitate the settlement of tax on goods and services.
SLIM VAT 2 is the removal of a long list of unnecessary obligations that hitherto had to be borne by entrepreneurs. The adopted simplifications are the result of dialogue with business and respond to its real needs. They result from the votes of individual entrepreneurs and their representatives – the need for their implementation was reported, among others, by Spokesman for SMEs, the Lewiatan Confederation and the Polish Trade and Distribution Organization
– points out Deputy Minister Jan Sarnowski.
The new rules have many advantages. These include, among others:
- determining the place of “mobile delivery” in chain transactions when the first or last entity arranges transport or shipment,
- resignation in the case of intra-Community acquisition and import of services from the condition that makes the deduction of input tax in the same period in which the output tax was shown, from the presentation of the output VAT within three months from the end of the month in which the tax obligation arose,
- enabling the taxpayer settling the tax on the import of goods directly in the tax declaration to correct the declaration in a situation where the taxpayer did not settle the tax in the correct amount in the original declaration,
- extending the possibility of taking advantage of bad debt relief from two to three years,
- the possibility of a more flexible deduction of VAT after the expiry of the deduction deadline “on a regular basis”, which will facilitate corrections,
- allowing the possibility of submitting a consistent declaration of the supplier and the buyer on the choice of real estate taxation in a notarial deed,
- enabling the transfer of funds between VAT accounts in various taxpayer’s banks and the allocation of funds accumulated on the VAT account to paying the farmers’ insurance premium.
The simplifications will take effect on October 1, 2021, while the changes in the scope of corrections of the import of goods and neutral settlement of intra-Community goods, import of services and domestic supplies subject to a reverse charge are to apply from the day following the publication of the act in the Journal of Laws. The possibility of paying contributions to KRUS from the VAT account will be possible from January 1, 2022.
SLIM VAT 2 – tickets as invoices
SLIM VAT 2 is also a change in the regulation regarding the principles of recognizing tickets as invoices. It is an attempt to meet the expectations of many carriers and the implementation of postulates reported on the forum of dialogue between the Ministry of Finance and business. Thanks to this change, the carrier will avoid the need to issue invoices on request for journeys of less than 50 km. At the same time, the buyer will benefit from the right to deduct VAT, on the basis of tickets, regardless of the number of kilometers traveled. Of course, for the purpose of exercising the right to deduct, the purchase must be related to running a business, e.g. in the case of a business trip.
The change is effective from July 1, 2021 – the ordinance of the Minister of Finance, Funds and Regional Policy of June 17, 2021 amending the regulation on issuing invoices (PDF file; 284 KB) .
At the same time, the Ministry of Finance introduced simplified reporting of this type of invoice in JPK_VAT with the declaration.
SLIM VAT 2 and changes in invoicing
As part of the legislative project implementing the e-invoice into the Polish legal system, changes to invoicing are also being processed, which are part of the SLIM VAT 2 package. They concern:
- No obligation to place the word “DUPLICATE” when the original invoice is damaged or lost;
- No obligation to put the words “CORRECTING INVOICE” or “CORRECTION” on the corrective invoice, or to indicate the reason for the correction;
- Collective corrections – will be possible for individual items from the invoice. It will be allowed by the taxpayer for a given period to one recipient, by means of a correcting invoice, both to correct invoices for individual supplies or services and to correct all supplies or services;
- The possibility of an earlier invoice – the change will allow taxpayers to issue invoices no earlier than the 60th day (instead of the current 30 days) before the delivery of the goods or the performance of the service, and on the 60th day before receiving, before delivering the goods or providing the service, in whole or in part payments.
The first initiative of this nature, i.e. the Slim VAT package, entered into force on January 1, 2021, successfully introducing many solutions beneficial for taxpayers. Link to the announcement: Slim VAT signed by the president .
Source
