VATupdate

Share this post on

Reverse charge of VAT on exchange transactions related to gas, energy and CO2 emission allowances

  • The introduced solution will increase the competitiveness of the Polish stock exchange system.
  • The regulations are episodic and will apply from April 1, 2023 to February 28, 2025.

In connection with the Act of March 9, 2023 amending the Act on enforcement proceedings in administration and certain other acts announced on March 24, 2023 (Journal of Laws of 2023, item 556), Poland introduces the “Temporary reverse charge of gas tax in gas system, electricity in the power system and services for the transfer of greenhouse gas emission allowances”.

The solution, which will increase the competitiveness of the Polish stock exchange system, was expected by the interested industries. The regulations are episodic and will apply from April 1, 2023 to February 28, 2025.

These provisions may be introduced by EU countries on the basis of Art. 199a sec. 1 lit. a and e of the VAT Directive. The reverse charge of VAT applies, among others, to: Czech Republic, Denmark, Germany, Ireland, Italy, Portugal, Romania and Great Britain.

The solution assumes that taxpayers are buyers or recipients of services in the scope of gas supply in the gas system, electricity supply in the power system and the provision of services in the field of transferring greenhouse gas emission allowances, when they are made directly or through an authorized entity to:

  • commodity exchange within the meaning of the provisions on commodity exchanges,
  • regulated market or organized trading platform (OTF) within the meaning of the Act on Trading in Financial Instruments.

Entities intending to carry out the above-mentioned before performing the first activity, are obliged to submit a relevant notification to the head of the tax office.

Regulations adapting JPK_VAT to the above-mentioned regulations are currently subject to public consultation: Ordinance of the Minister of Finance amending the ordinance on the detailed scope of data contained in tax returns and records in the field of tax on goods and services .

Source: gov.pl

Sponsors:

VAT news

Advertisements: