5 Major Developments in Poland
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For fraudulent invoices, the punishment is the same as for genocide
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The Sejm adopted the VAT Act introducing the KSeF e-invoicing obligation from July 2024
CESOP
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New Reporting Requirements for Cross-Border Payment Service Providers Beginning 2024
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Implementation of new law for payment service providers to combat VAT fraud
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Poland Implementing New Reporting Obligations for Payment Service Providers to Combat VAT Fraud
Composite Supply
Coronavirus
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Changes from July 1 after the cancellation of the state of epidemic threat
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The cancellation of the state of epidemic threat will affect tax settlements
Customs
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Binding information – changes from July 1, 2023 (SLIM VAT 3)
- Council of Ministers approved Digitalization of binding information (e-WIS)
DAC7
Deduction (Input Tax Credit)
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Slim VAT 3. To deduct tax with intra-Community acquisition of goods, the invoice will not be needed
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A business apartment for an employee cannot block the right to deduct VAT
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Supreme Administrative Court: Deduction of VAT in cross-border transactions and residential leases
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The problem with CIT or VAT – companies helping Ukraine face one or the other
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How to assess whether the supply of real estate is exempt from VAT?
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The tax office checks taxpayers on Facebook, Instagram and trading platforms
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How to deduct VAT on the purchase and operation of company vehicles in local government units?
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The movement of your own goods gives you the right to deduct VAT
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The association of country housewives will not deduct VAT from purchases
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No Right to Deduct VAT in the Case of Free Travel for Employees, their Families and Non-Employees
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The entrepreneur will not deduct VAT from the medical subscription
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You can make a correction and claim VAT on some purchases before registering your company
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You can file an adjustment and deduct VAT on some purchases before registering your business
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Free Employee Benefits without VAT and without the Right to Deduct
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Purchasing catering services by the hotel for the needs of customers
Digital Services Tax
E-Commerce / Electronic Services
- Regulations to combat VAT fraud in e-commerce published
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The Senate approved regulations to combat VAT fraud in e-commerce
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SLIM VAT 3 package and VAT in the e-commerce act adopted by the Sejm
- Draft bills on DAC 7 and CESOP reporting published
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The SLIM VAT 3 package and the act sealing VAT in the e-commerce sector adopted by the Sejm
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The Sejm has passed regulations to combat VAT fraud in e-commerce
E-invoicing
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The Sejm adopted the VAT Act introducing the KSeF e-invoicing obligation from July 2024
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National e-Invoice System (KSeF) is getting closer. Get your business ready for e-invoicing
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MF: Regulations on KSeF are to be ready by the end of the year
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The National e-Invoice System (KSeF) is getting closer. Get your business ready for e-invoicing
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Krajowy System e-Faktur (KSeF) Approved by the Lower House of Parliament
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The National e-Invoice System will change the current settlement system
- Reduced VAT on Food Extended; Mandatory E-Invoicing; Revocation of State of Health Emergency (COVID-19)
- Implementation of the national e-invoice system-challenges
- Service work on the test and pre-production environment of the National E-invoice system
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Edicom Webinar – Recorded version & FAQs – E-Invoicing in Poland
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National e-Invoice System in Poland: FA(2) Logical Structure
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Webinar Edicom/Deloitte – Recorded version – Mandatory B2B e-Invoicing in Poland
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Difficulties in accessing the test environment of the National e-Invoice System
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Draft bill mandating use of structured e-invoicing system approved
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The Sejm is working on a draft act on the National System of e-Invoices
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Corrective invoices and corrective notes – how will it be in KSeF?
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E-Invoicing Legislation Submitted to Lower House of Parliament
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National e-Invoice System (KSeF) – working version of the FA(2) logical structure
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Sovos/PwC Webinar: New E-invoicing Requirements in France and Poland (2024) (June 6)
- The draft act on the National e-Invoice System has been submitted to the Sejm
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Legal texts (in Polish) of E-Invoicing mandate sent to Parliament
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Poland Adopts the National E-invoice System Draft Legislation
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B2B Electronic Invoicing Mandatory Through the KSeF Platform
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The government adopted a bill on the National E-Faktur (KSEF)
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The government has adopted the project of the National e-Invoice System (KSeF)
- Edicom Webinar: Mandatory B2B e-Invoicing in Poland (May 9)
- Edicom Webinar: Mandatory B2B e-Invoicing in Poland (May 9)
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The 7th Congress of the Tax Council of the Lewiatan Confederation on May 29
- SNI Webinar: How Will the E-Invoice Implementation Shape the Agenda of Businesses in Poland? (May 4)
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SNI Webinar: How Will the E-Invoice Implementation Shape the Agenda of Businesses in Poland? (May 4)
ECJ (European Court of Justice)
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Comments to C-282/22: Charging electric vehicles and VAT in Poland
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ITR: This Month in Indirect Tax: Saudi Arabia’s Tax Amnesty; Poland v the EU; India’s WTO Complaint
- Comments on ECJ C-114/22: The Appearance of a Transaction does not Always Result in the Loss of the Right to Deduct VAT
- Comments on ECJ C-114/22: The tax office will not question the deduction of VAT so easily? There is an important verdict
- Comments on ECJ C-114/22: Polish refusal to deduct VAT when transferring trademarks in violation of EU law
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Excise Duty on Exported Passenger Cars not Contrary to EU Principles (CJEU Judgment)
- ECJ C-114/22 (Dyrektor Izby Adminitracji Skarbowej w Warszawie) – Judgment – VAT deduction even if sale of the brands was a sham transaction
- Flashback on ECJ Cases – C-25/07 (Sosnowska) – Extension the period for refunding VAT to taxable persons from 60 to 180 days, unless a security of PLN 250,000 is provided, is prohibited
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Poland does not have to refund excise duties upon export of a car
- ECJ C-282/22 (Dyrektor Krajowej lnformacji Skarbowej) – Judgment – Electricty and services supplied at charging stations are a single/complex supply of goods
- What’s new in VAT? – summary of March 2023
Environmental Tax
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Government draft act amending the act on packaging and packaging waste management
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Poland signed the law implementing the EU directive on single-use plastics
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Poland’s implementation of the Single-Use-Plastics Directive getting closer
- Duties of CBAM from October 2023
EU Policy
Excise
- KPMG Week in Tax: 22 – 26 May 2023
- Excise Duty on Exported Passenger Cars not Contrary to EU Principles (CJEU Judgment)
- Poland does not have to refund excise duties upon export of a car
- Council of Ministers approved Digitalization of binding information (e-WIS)
- Digitalization of binding information (e-WIS)
Exemption
- Re-invoicing media costs per tenant – what VAT rate?
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The moment of the first occupation of the premises purchased from the developer
- How to assess whether the supply of real estate is exempt from VAT?
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Indirect export instead of ICS does not deprive the right to 0% VAT
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Movement of personal property from Qatar to Poland exempt from VAT
Export
- KPMG Week in Tax: 22 – 26 May 2023
- Poland does not have to refund excise duties upon export of a car
Fiscalization
Fraud / Tax Evasion
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KAS and CBŚP detected fictitious VAT invoices for nearly PLN 103 million
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Fictitious VAT invoices for PLN 180 million. KAS and CBŚP detained 4 people
- The tax office checks taxpayers on Facebook, Instagram and trading platforms
- Comments on ECJ C-114/22: The Appearance of a Transaction does not Always Result in the Loss of the Right to Deduct VAT
- KPMG Week in Tax: 29 May – 2 June 2023
- New Reporting Requirements for Cross-Border Payment Service Providers Beginning 2024
- Implementation of new law for payment service providers to combat VAT fraud
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Companies do not have to control their contractors and relieve the tax office
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The Budget and Public Finance Committee considered two amendments to the VAT Act
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Reverse charge on the supply of gas, electricity and CO2 emission allowances sold on exchanges
Importation
Intra-Community Transactions
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Changes related to the SLIM VAT 3 package and the cancellation of the state of epidemic emergency
- Slim VAT 3. To deduct tax with intra-Community acquisition of goods, the invoice will not be needed
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Foreign companies are also to report transport to the SENT system
- ICS and export of goods – similarities and differences
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Slim VAT 3 Package – changes regarding intracommunity transactions
Invoice
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For fraudulent invoices, the punishment is the same as for genocide
- Changes related to the SLIM VAT 3 package and the cancellation of the state of epidemic emergency
- SLIM VAT 3 package announced
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Storage of Invoices Only in Electronic Form (Digitized) and the Right to Deduct VAT
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There is no obligation to issue an invoice for using the Large Family Card
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SLIM VAT 3 – the Senate Approves the Amendment to the VAT Act
- SLIM VAT 3 package and VAT in the e-commerce act adopted by the Sejm – VATupdate
- The SLIM VAT 3 package and the act sealing VAT in the e-commerce sector adopted by the Sejm
- Update of the draft regulations on the mandatory use of the E-Invoicing – QR code obliged for invoices outside the KSeF
Legal Acts
Legislative Change
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Poland implements reverse charge on energy supplies and emission certificates
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Transactions concerning gas, energy and CO2 emission allowances from April with VAT reverse charge
Liability (Reverse Charge/Withholding)
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Entrepreneurs have a chance to return the previously paid VAT sanction
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NSA: Sanction in VAT without security on the taxpayer’s assets
- Loan between VAT Payers Subject to Capital Duty; VAT on Energy Supplies; EU Directive on Single-Use Plastics
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Temporary Reverse Charge System for Gas, Energy and CO2 Emission Allowances from 1 April 2023
- Postponement of SLIM 3 VAT package until 1 July 2023
- Poland implements reverse charge on energy supplies and emission certificates
- Reverse charge on the supply of gas, electricity and CO2 emission allowances sold on exchanges
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Transactions concerning gas, energy and CO2 emission allowances from April with VAT reverse charge
- Transactions concerning gas, energy and CO2 emission allowances from April with VAT reverse charge
Margin Scheme
Place of Supply
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The seat of business is not always the place where services are provided
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The seat of business is not always the place where services are provided
Private Use
Rate
- Binding information – changes from July 1, 2023 (SLIM VAT 3)
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Zero VAT Rate on Basic Food and Drinks Extended until December 31, 2023
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Poland likely to extend food inflation VAT rate to 31 Dec 2023
- Reduced VAT on Food Extended; Mandatory E-Invoicing; Revocation of State of Health Emergency (COVID-19)
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Poland Extending VAT Zero Rate for Food and Donations for Ukraine
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Poland MOF Seeks Comments to Further Extend Reduced VAT Rates on Specific Products Due to War
- Lawyers cannot count on VAT exemption
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Council of Ministers approved Digitalization of binding information (e-WIS)
- Digitalization of binding information (e-WIS)
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Poland may extend zero VAT on food into 2024 if inflation persists
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Poland May Extend Zero VAT on Food into 2024 if Inflation Persists
- Flashback on ECJ Cases – C-49/09 (Commission v Poland) – Application of reduced rate – Clothing and clothing accessories for babies and children’s shoes
- We help those fleeing the war and those in need in Ukraine
- SLIM VAT III – date of introduction and TOP 5 changes
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The Problem of the VAT Rate for Takeaway Meals Carries Over to Other Taxes
Real Estate/Immovable Property
- Revenue from Business in Special Economic Zone; Deduction of VAT in Cross-Border Transactions and Residential Leases
- Re-invoicing media costs per tenant – what VAT rate?
- The moment of the first occupation of the premises purchased from the developer
- How to assess whether the supply of real estate is exempt from VAT?
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Effects in VAT of transformation of perpetual usufruct of land into ownership right
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The date of income from the sale of the apartment is the date of transfer of ownership
Real Time Reporting/Continuous Transaction Controls
- National e-Invoice System (KSeF) adopted by the Sejm
- Edicom Webinar – Recorded version & FAQs – E-Invoicing in Poland
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Legal texts (in Polish) of E-Invoicing mandate sent to Parliament
- SNI Podcast: Poland e-Invoicing
- The government has adopted the project of the National e-Invoice System (KSeF)
- Edicom Webinar: Mandatory B2B e-Invoicing in Poland (May 9)
- Edicom Webinar: Mandatory B2B e-Invoicing in Poland (May 9)
- Webinar: Mandatory B2B e-Invoicing in Poland (May 9)
Refund
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Another package of simplifications under SLIM VAT from July 1 this year
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Slim VAT 3. The Ministry of Finance allows VAT-R to be submitted in June
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Amendments to simplify and accelerate VAT settlements, including “Slim 3 VAT package”
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Sejm supported one of the Senate’s five amendments to the Slim VAT 3 Act
- Poland does not have to refund excise duties upon export of a car
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Amendment of the Administrative Enforcement Act – compulsory recovery of VAT receivables
Registration
Reporting / Compliance
- Changes related to the SLIM VAT 3 package and the cancellation of the state of epidemic emergency
- Another package of simplifications under SLIM VAT from July 1 this year
- Slim VAT 3 Package – changes from July 1, 2023.
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The cancellation of the state of epidemic threat will affect tax settlements
- Changes in VAT from July 1, 2023
- Amendments to simplify and accelerate VAT settlements, including “Slim 3 VAT package”
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Almost half of the complaints in the Supreme Administrative Court resolved within a year
- SLIM VAT 3 package signed by the president
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Simplifications under the Slim VAT 3 package are getting closer
- SLIM VAT 3 – the Senate Approves the Amendment to the VAT Act
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President signed for simplifications as part of the Slim VAT package 3
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Senate for simplifications as part of the Slim VAT package 3
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Transfer of computer software licenses and correlated VAT tax liabilities
- More taxpayers will benefit from VAT preferences
- Decree to reflect recent changes to the VAT law relating to reverse charge on VAT on gas and energy supplies
- The Budget and Public Finance Committee considered two amendments to the VAT Act
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After the implementation of e-invoices, the time will come for the mandatory JPK_CIT and JPK_PIT
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International VAT Compliance. What is it and How Does it Work?
- Poland SLIM VAT 3 reforms delayed to July 2023
SAF-T (Standard Audit File for Tax)
SME (Small and Medium- Sized Enterprises)
- SLIM VAT 3 comes into force on 1 July 2023
- Part of the changes in Slim VAT 3 is already in force, some will come into force will come in any moment
Supply of Goods
Supply of Services
- The seat of business is not always the place where services are provided
- No Right to Deduct VAT in the Case of Free Travel for Employees, their Families and Non-Employees
Tax Point (When the Chargeable Event Occurs)
- KPMG Week in Tax: 19 – 23 June 2023
- Poland SLIM VAT 3 Package Signed into Law
- Supreme Administrative Court: Deduction of VAT in cross-border transactions and residential leases
- SLIM VAT 3 package signed by the president
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The moment of performing the advertising service is not always the moment of issuing the invoice
- Changes in Polish VAT law – Slim VAT 3
Taxable Amount
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The subsidy for scientific research and development work is without VAT
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Deposit system for packaging and VAT: Changes are getting closer!
- From July it will be easier to settle VAT
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Currency exchange rate with correction – changes after Slim VAT 3
- ECJ C-241/23 (P. sp. z o.o.) – Questions – Is the consideration the Nominal or Issue value of the shares?
Taxable Person
- The right of the commune to fully deduct input VAT on invoices documenting expenditures for the construction of the marketplace
- ECJ C-182/23 (Makowit) – Questions – Expropriation of plot of land from farmer, previously used for agricultural activities subject to VAT
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The association of country housewives will not deduct VAT from purchases
- Organizer of municipal promotional lotteries released from the function of VAT payer
Taxable Transaction
- A farmer can buy a used tractor without PCC
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Installation of solar collectors carried out by the commune from European funds without VAT
- Free transfer of goods and VAT
- The seat of business is not always the place where services are provided
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Director of Fiscal Information Rules on VAT Treatment of Returned Goods
- ECJ C-182/23 (Makowit) – Questions – Expropriation of plot of land from farmer, previously used for agricultural activities subject to VAT
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Is the sale of an enterprise to a partner in a civil partnership subject to VAT?
- VAT and the earnings of online creators
- The date of income from the sale of the apartment is the date of transfer of ownership
- ECJ C-282/22 (Dyrektor Krajowej lnformacji Skarbowej) – Judgment – Electricty and services supplied at charging stations are a single/complex supply of goods
- Transfer of stock to fulfillment warehouse by marketplace triggers VAT registration requirements for stockowners
Tax Authorities / Penalties
- Changes related to the SLIM VAT 3 package and the cancellation of the state of epidemic emergency
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Does applying for an individual interpretation always make sense?
- SLIM VAT 3 – what changes await taxpayers from 1 July 2023?
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The tax office cannot seize property in the event of a VAT sanction
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The tax office will be able to impose VAT sanctions on a discretionary basis
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Severe sanctions may be imposed for failure to notify the transport to SENT
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Tax authorities will be able to impose VAT sanctions on a discretionary basis
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Mere negligence is not enough to punish the taxpayer with a VAT sanction
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New rules for appealing against the decisions of tax authorities in force from July 1, 2023
Technology
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Service work on the test and pre-production environment of the National E-invoice system
- Difficulties in accessing the test environment of the National e-Invoice System
- Update of the API of the National E-invoice and application of the KSEF taxpayer in the production environment
- Technical problems with the List of VAT Payers
TOGC (Transfer of a Going Concern)
TOMS (Tour Operators Margin Scheme)
VAT Group
- Members of the VAT group must submit JPK files from July
- New SAF-T (JPK_GV) for taxpayers forming a VAT group
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Tax settlements within the VAT group also for local governments
ViDA
War in Ukraine
- Poland MOF Seeks Comments to Further Extend Reduced VAT Rates on Specific Products Due to War
- VAT – companies helping Ukraine have a problem
- We help those fleeing the war and those in need in Ukraine
Webinar/Event/Podcast
- Webinar Edicom/Deloitte – Recorded version – Mandatory B2B e-Invoicing in Poland
- Sovos/PwC Webinar: New E-invoicing Requirements in France and Poland (2024) (June 6)
- TGC Corporate Lawyers – Webinar – Recorded Session – KseF in Poland – How to prepare for the implementation?
- SNI Webinar – Slides & recorded session – How Will the E-Invoice Implementation Shape the Agenda of Businesses in Poland?
- Edicom Webinar: Mandatory B2B e-Invoicing in Poland (May 9)
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SNI Webinar: How Will the E-Invoice Implementation Shape the Agenda of Businesses in Poland? (May 4)
- SNI Webinar: How Will the E-Invoice Implementation Shape the Agenda of Businesses in Poland? (May 4)
- Webinar: Mandatory B2B e-Invoicing in Poland (May 9)