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Ruling: VAT Exemption for Therapeutic Massages

  • Massage services that are therapeutic and aimed at prevention, restoration, or improvement of health are exempt from VAT.
  • The exemption from VAT depends on the qualifications of the person providing the service and whether the service meets the necessary conditions.
  • A company providing massage and cosmetic services requested an interpretation from the tax authorities regarding the exemption from VAT for therapeutic massages.
  • The tax authorities confirmed that therapeutic massages provided by qualified massage technicians for preventive, restorative, or health improvement purposes are exempt from VAT.
  • The exemption is based on Article 43, paragraph 1, point 19, letter c of the VAT Act.
  • Not all massage services are exempt from VAT, and it is necessary to verify the qualifications of the service provider and whether the service qualifies as medical care.
  • Experts agree with the tax authorities’ interpretation that therapeutic massages should be considered medical activities and qualify for the VAT exemption.
  • The tax authorities conducted a thorough analysis of the legal provisions and referred to the rulings of the Court of Justice of the European Union.
  • This comprehensive and detailed analysis is commendable and goes beyond the usual standard of tax authorities’ justifications.

Source: prawo.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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