Tax Alert No. 1/2017

The Polish Minister of Finance published a draft of amendments to the VAT Act (hereinafter as: “the Draft”), introducing a split payment in Poland. The split payment will be optional.

  1. The split payment may apply to payments or pre-payments (for services / goods) made to the accounts kept by banks established in Poland.
  2. The split payment will mean that VAT should be paid to dedicated bank account of the supplier, from which the supplier pays VAT to the tax office.
  3. The taxpayer using the split payment will benefit from the following advantages:
  • in case of supplies of the goods listed in the Appendix No 13 to the VAT Act the joint and several liability of the customer together with the supplier will not apply;
  • 30% (20%) and 100% additional sanction will not apply to incorrectly deducted input VAT;
  • the higher percentage (i.e. 150% of the standard level of the penalty interest) will not apply to overdue VAT for the period in which in submitted VAT return the taxpayer reported input VAT from invoices which in 95% have been paid using the split payment;
  • if the taxpayer decides to pay VAT due to the tax office before the statutory deadline for payment, it will be allowed to pay a discounted amount of VAT; the Draft indicates the special formula allowing to calculate the amount of the discount.

Our information is based on the Draft of the new VAT law which has not been passed to the Parliament yet. Hence, the wording of the Draft may be changed any time.

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The alert presents the issues that we believe may be of interest to you. The information in the alert is of a general nature and it does not cover all changes resulting from the amendment of the VAT law. Before making any decision or action, as well as in case of any questions or concerns, please contact one of our tax advisors on +48222503100 (email:biuro@itadp.pl).

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