TAXES 2021 - PRACTICAL OVERVIEW OF CHANGES Warsaw, 2021 - Akademia LTCA
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TAXES 2021
PRACTICAL OVERVIEW OF CHANGES
Warsaw, 2021 #Zpasjidopodatkow
Table of contents:
01 Limited partnerships in CIT 09 SLIM VAT
02 Registered partnerships in CIT 10 e-commerce VAT
03 „Estonian“ CIT 11 Other VAT changes 2020
04 Special Investment Fund 12 Sugary drink fee
05 Tax Strategy 13 Alcoholic drink fee
06 Real estate companies 14 Payment backlogs
07 Lump-sum tax on registered revenue 15 Retail sales tax
08 Other changes in CIT and PIT
#Zpasjidopodatkow
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LTCA Zarzycki Niebudek Kubicz sp.k. law firm specialises
in professional legal and tax advisory for business entities.
We provide services for Polish and foreign companies,
including capital groups and entities listed on the Warsaw
Stock Exchange and the NewConnect Stock Exchange.
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Services
COMPLIANCE TRANSFER PRICES TAX CONSULTANCY SPECIAL PROJECTS TRAINING
Current consultancy in the scope of
Audits of processes and procedures Audits of transfer prices Tax credits (IP BOX / R&D) Online training
CIT/PIT/VAT and other taxes
Compliance procedures Local file documentation Representation in proceedings Withholding tax (WHT) Closed training
Tax compliance (tax strategy) Master file documentation Requests for tax interpretations Mandatory Disclosure Rules (MDR) Industry-based training
Crisis management Benchmarking analyses Tax audits Limited partnerships in CIT Webinars
Compliance officer Support in the scope of TP - R Tax opinions “Estonian” CIT Subscriptions
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CHANGES IN
CIT AND PIT
#Zpasjidopodatkow
Limited partnerships in CIT 01
General notes
• As of 1 January (or May) 2021, limited partnerships will be subject to the corporate income tax (CIT).
• Until the end of 2020, carrying out business in the form of a limited partnership, your income is subject to PIT as in the case of sole proprietorship (according
to the scale or 19% flat rate).
• After the change in regulations, as a limited partner, you will be subject to the same taxes as a shareholder of a limited liability company, while your company
will pay income tax separately (at the rate of 9% or 19%).
YEAR 2020 YEAR 2021
Company’s income 1,000,000 Company’s income 1,000,000
CIT 0 CIT 190.000
Shareholder’s income 500,000 Shareholder’s income 405,000
Shareholder’s PIT 95,000 Shareholder’s PIT 76,950
Effective tax rate 19% Effective tax rate 34.39%
Additional aspects:
The act provides for the exemption from the limited partner’s income:
• the exemption covers 50% of the limited partner’s revenue, not more than PLN 60,000 per year from each limited partnership
• the application of the exemption will be excluded if the limited partner is an entity related to the general partner
The reduction in the general partner’s tax is also possible – the flat-rate tax attributable to the general partner is reduced by the amount corresponding to the
product of the general partner’s percentage share in the limited partnership’s profit and tax due on this company’s income from which the general partner’s revenue
has been generated
Limited partnerships in CIT 01
Interim provisions:
• Profits earned until the last day preceding the coverage of a limited partnership by CIT can be transferred to shareholders under the existing rules (single
taxation)
• As of the day preceding the coverage by CIT, a limited partnership is obliged to close accounting books; if the company’s financial year is from 31 December
2020 to 31 March 2021, the company is not obliged to close the books on this day and may end the financial year on 30 April 2021.
• Taxpayers that before the coverage of a limited partnership by CIT made deductions from the tax base retain this right under the rules provided for in tax
acts in the version in force on the day preceding the coverage of a given limited partnership by CIT
• The limited partnership’s shareholder that before the day on which the limited partnership received the status of a CIT payer had suffered loss from this
source of revenue may reduce revenue from profit in the limited partnership by this loss (under the existing loss settlement rules)
Restructuring models
• Currently applicable regulations offer a wide range of possibilities allowing the optimisation of the most popular model of a limited liability company, i.e.
limited partnership.
• Before taking a decision on restructuring, it is necessary to analyse potential risks connected with business activities as well as relationships with financial
institutions and creditorsRegistered partnerships in CIT 02
General notes:
A registered partnership with its registered office or management board in Poland, whose shareholders are not only natural persons, will become a CIT payer if it
does not submit:
• before the beginning of the financial year information about income tax payers that have the right to share in such company’s profit, directly or through other
entities;
• update of information within 14 days from the day of changes in shareholders.
The company will be obliged to close accounting books on the day preceding the day of receiving the status of a CIT payer.
Interim provisions
Interim regulations specify that registered partnerships submit the first information by 31 January 2021 as of:
• 1 January 2021 – in the case of a registered partnership that commenced its activities before 1 January 2021
• the day of activity commencement – in the case of a registered partnership that commenced its activities in the period 1 January to 31 January 2021
Note: no interim regulations for companies established after 31 January 2021“Estonian CIT” 03
Essence of the “Estonian model”
• deferral of taxation until the profit distribution, which means that profit is not taxed until it remains in the company and is used for reinvestment or increase
in its liquidity; taxation takes place upon the profit consumption
• significant simplification of tax settlements due to complete departure from tax records and the necessity to determine taxable income on an ongoing basis
Estonian model ≠ CIT in Estonia
PILOT AND OPTIONAL PROGRAMME!
When may the “Estonian model” be applied?
• revenue including VAT below PLN 100 million
• less than 50% of revenue comes from “passive” sources
• employment of at least 3 persons
• activities in the form of a limited liability company or joint stock company whose shareholders are only natural persons
• lack of shares in the capital of another company and other capital rights
• obligation to prepare the financial statement pursuant to the Polish Accounting Act
• obligation to submit a notification about the selection of taxation in the Estonian model
Simplification for small taxpayers and start-ups!
EXCLUSIONS: entities excluded from the Estonian model: financial undertakings and lending institutions, taxpayers obtaining income from business activities
conducted within a special economic zone or in the Polish Investment Zone, entities in the state of insolvency or liquidation and entities participating in divisions,
mergers and transaction of making in-kind contributions in the form of the enterprise or its organised part (temporary character of the exclusion).“Estonian CIT” 03
Obligation to reinvest the profit
• investments in fixed assets (increase by 15% in a two-year period or by 33% in a four-year period) or
• increase in employment expenditure (20% in a two-year period)
When will we pay the tax?
• income from distributed profit
• income from profit allocated for covering losses
• income from expenses not connected with business activities
• income from change in asset value
• income from net profit
• income from undisclosed business operations
• income from hidden profits
Tax rates:
• 15% of the tax base – in the case of a small taxpayer
• 25% of the tax base – in the case of a taxpayer other than a small taxpayer
Possibility to reduce the rate in the case of high investment expenditure
Possibility to deduct partially the Estonian CIT at the shareholderSpecial Investment Fund 04
Essence of the new regulation:
The special investment fund allows faster settlement of depreciation of fixed assets in tax costs, taking into account the existing (“classic”) tax rules applicable in
the Polish CIT Act
The regulation provides for the opportunity to include in tax deductible costs the contributions to the fund separated in the taxpayer’s reserve capital, established
for investment purposes – the costs will be settled instantly!
Note! In this model, there is no interference in existing settlements and the taxpayer may benefit from preferences provided for in the “classic” CIT system. For
example: the taxpayer will be able to apply simultaneously the reduced 9% rate of CIT, IP BOX or R&D relief.
Who may benefit?
The circle of entities entitled on the basis of preferential settlement within the special investment fund is the same as the circle of entities entitled to make
settlements in the Estonian model
(revenue below 100 million, passive income below 50%, average annual employment of 3 persons, natural persons as shareholders, no rights / shares in other
companies, preparation of the statement pursuant to the Polish Accounting Act)
How does the Fund operate?
• the fund is created from profit earned in the year preceding the tax year
• the fund resources should be spent on investment purposes (specific categories of fixed assets) no later than in the tax year following the year in which the
contribution was made
• the equivalent of cash corresponding to the value of the contribution to this fund will be paid in no later than on the day of this contribution to the account
separated only for this purpose, kept by Bank Gospodarstwa Krajowego (or bank that has made a cooperation agreement with Bank Gospodarstwa
Krajowego) – verification in the STIR system
• the cash cannot come from a loan (credit), grants, subsidies, funding or other forms of financial supportTax strategy 05
What is the tax strategy?
The tax strategy includes the determination of processes and procedures concerning the performance of obligations resulting from the provisions of tax law and
ensuring their proper implementation
Who is obliged to implement the tax strategy?
• tax capital groups
• taxpayers whose revenue exceeds EUR 50 million.
NOTE!
The obligation to make public the report on the tax strategy implementation has been introduced!
The report will include information about: restructuring activities planned or taken by the taxpayer that may have impact on the amount of the taxpayer’s or related
entities’ tax obligations; volume of information about the Mandatory Disclosure Rules submitted to the Head of the National Revenue Administration; requests for
tax interpretations; transactions with related entities; taxpayer’s tax settlements in countries applying harmful tax competition
What actions should be taken?
• audit of the company’s procedures and audit of the company’s approach to the performance of tax obligations
• implementation of the tax strategy
• preparation of the report on the strategy implementation
Sanctions for non-compliance with the obligation – up to PLN 250,000Real estate companies 06
Definition of real estate companies
Each entity (not being a natural person) preparing the balance sheet on the basis of accounting regulations will be qualified as a “real estate company” if:
• on the first day of the tax year real properties located in Poland constitute at least 50% of the market value of assets and the market value of these real
properties exceeds PLN 10 million (for start-ups) or
• on the last day of the previous tax year real properties located in Poland constitute at least 50% of the carrying value of assets and the carrying value of
these real properties exceeded PLN 10 million and revenue from lease, rent or sale of real properties exceeded 60% of all revenue.
Obligations of real estate companies
• Obligation to pay income tax on income from sale of shares in the real estate company if the party performing the sale is a non-resident and at least 5% of
shares is sold;
• Obligation to designate a tax representative if the real estate company does not have its registered office or management board in Poland;
• Obligation to submit information about entities holding directly or indirectly shares in such a company (the information obligation also applies to shareholders
of such a company).
Tax data of real estate companies, similarly as tax data of Tax Capital Groups and large taxpayers, will be published in the public information bulletin.Lump-sum tax on registered revenue 07 As of 2021 the rules concerning taxpayers that settle their obligations in the form of lump-sum tax on registered revenue in PIT will change. Major changes include: 1) Increase of the limit from EUR 250,000 to EUR 2,000,000. After conversion it is approx. PLN 9,030,600 2) Increase of the limit for quarterly settlements from EUR 25,000 to EUR 200,000. 3) Changes in lump tax rates – 17%, 15%, 10%, 8.5%, 5.5%, 3.0%. Freelancers: one of key changes is the introduction of a new definition of freelancers subject to the lump-sum tax at the 17% rate, which covers: doctors, dentists, veterinarians, dental technicians, medical assistants, midwives, nurses, psychologists, physiotherapists, translators, attorneys-at-law, notaries, legal advisers, architects, construction engineers, construction experts, statutory auditors, accountants, insurance agents, agents offering supplementary insurances, reinsurance brokers, insurance brokers, tax advisers, restructuring advisers, securities brokers, investment advisers, agents of investment companies, patent attorneys and teachers in the scope of the provision of educational services consisting in giving hourly tuitions – while working personally as a freelancer means the performance of business activities without employing persons that carry out activities connected with the essential part of a given job on the basis of employment contracts, contracts of mandate, commission contracts and other contracts of a similar nature.
Other changes in CIT and PIT 08 Withholding tax As of July 2021, new regulations concerning the settlement of withholding tax are to enter into force. Thy will introduce the so-called “pay and refund mechanism”, which will assume the obligation to collect withholding tax in the case of payments to a non-resident in the amount exceeding PLN 2 million per annum. This mechanism additionally provides for two procedures allowing the avoidance of the limit application (payer’s statement or tax authority’s opinion) and a new procedure of tax reimbursement. *the postponement of the date of entry into force of these changes until July 2021 and the introduction of a number of modifications to the new regulations are planned Tax abolition relief – PIT The relief deduction limit will be reduced. The tax exempt amount will be PLN 8,000, the entity will be entitled to deduct only PLN 1,360. The limitation of the relief will cause the increase in the burden of Polish residents working abroad and settling the tax on the basis of the credit method. Relief for robotisation The deduction of 50% of tax deductible costs incurred for investments in robotisation is to apply as of 1 January 2021 – with the first settlement in 2022. The relief will be for all companies, regardless of their size or sector and will cover PIT and CIT payers. Companies will be entitled to deduct costs for robotisation during the tax year, and at the time of the annual tax return submission they will make an additional deduction (similarly as in the case of relief for research and development works). The relief will apply for five years – until the end of 2025.
Other changes in CIT and PIT 08 Limitation of the possibility to settle the taxpayer’s losses The taxpayer will not be entitled to settle a tax loss if it has taken over another entity or purchased a company or its organised part through an in-kind contribution or received a financial contribution for which it has purchased a company or its organised part, as a result of which the object of core business activities actually conducted by the taxpayer after such takeover or purchase is different in whole or in part from the object of the taxpayer’s core business activities conducted before such takeover or purchase, or at least 25% of the taxpayer’s shares is held by an entity or entities which on the last day of the tax year in which the taxpayer incurred such a loss did not hold such rights. Depreciation rate Taxpayers using fixed assets in activities exempt from income tax (e.g. Special Economic Zones, Support for New Investments) will not be entitled to reduce the depreciation rate adopted – in the period during which they benefit from the exemption. Definition of used fixed assets As used buildings and structures the taxpayer will be entitled to consider fixed assets if the taxpayer proves that before purchasing them they were used by an entity other than the taxpayer for at least 60 months. Fixed assets classified to groups 3-6 and 8 of the Classification and means of transport are considered as used if the taxpayer proves that before purchasing them they were used by an entity other than the taxpayer for at least 6 months. Small taxpayer and the reduced 9% rate of CIT Small taxpayers whose revenue in a given year did not exceed the equivalent of EUR 2 million will be entitled to benefit from the reduced rate
CHANGES
IN VAT
#ZpasjidopodatkowSLIM VAT package 09
General notes:
• As of 1 January 2021 it is planned that the so-called SLIM VAT package, which changes some regulations in the scope of the value added tax, will enter
into force.
• Changes in the scope of the TAX FREE procedure covered by the SLIM VAT package is to apply as of 2022.
VAT adjustments:
• In the case of downward adjustments, the proposed changes waive the taxpayer’s obligation to have the confirmation of the corrective invoice receipt.
The taxpayer will reduce the tax base and output VAT in the period of the corrective invoice issue provided that it results from the documentation held by
the taxpayer that they agreed with the purchaser of goods or service recipient the conditions of the transaction.
• In the case of upward adjustments, the proposed changes assume the unification of the way of corrective invoice settlement, indicating that the settlement
should be made in the current settlement period, i.e. in the period of the corrective invoice issue if the reason for the adjustment occurred after the sale.
If the reason for the adjustment was known at the time of the original invoice issue, the settlement should be made in the period of the original invoice issue.
Deduction of input VAT:
• The extension of the deadline for the VAT deduction on an ongoing basis up to 4 months is planned. The taxpayer will be entitled to recognised the invoice
jointly over 4 months without the necessity to adjust the declaration.
• Additionally, taxpayers will have the possibility to deduct VAT from invoices for accommodation services purchased for resale.SLIM VAT package 09
Common exchange rates:
• Currently it happens that for the purpose of VAT and income tax, the taxpayer applies different exchange rates. The proposed changes introduce regulations
on the basis of which the taxpayer will be entitled to choose for VAT the same rules of exchange rate conversion as are used for the conversion of revenue
in income tax. The new solution will be introduced on a voluntary basis.
Advance payments in export:
• Currently the 0% rate of tax in the export of goods is applied in relation to the payment received, provided that the export of goods takes place within
2 months from the end of the month in which the taxpayer received this payment and that the taxpayer received documents confirming the export within the
same period. The proposed changes extend the application of the 0% rate on advance payments in export from 2 to 6 months.
Gifts of small value:
• The increase of the limit applicable to one-time gifts of small value from PLN 10 to PLN 20 is planned.
Changes in the binding rate information
• The proposed changes also apply to the binding rate information. The project assumes the introduction of clarifying provisions in the scope of the binding
rate information, including:
o the possibility to receive by taxpayers of the binding rate information also for goods classified according to the Polish Classification of Goods and
Services;
o the submission of the statement – under criminal liability for making untrue statements – that on the date of the submission of the request for the
transfer of the binding rate information, there are no tax proceedings, tax audit or customs and fiscal audit pending concerning the object of the
request and that in this scope the merits of the case have not been settled;
o the exclusion of the protection of the binding rate information in the case of the abuse of the right;
o the introduction of the validity of the binding rate information – 5 years
• The proposed changes will apply also to the binding rate information transferred before the date of entry into force of the act.e-commerce VAT 10 As of 1 July 2021, the so-called e-commerce package, including the implementation of a number of EU solutions concerning the distance sales of goods, will be introduced to the Polish Value Added Tax Act. Liquidation of mail-order sale New regulations provide for the liquidation of mail-order sale and abolition of differentiated sale limits applicable in different EU Member States, obliging taxpayers to tax transactions in the country of consumption. Essential change in the settlement of VAT through the One Stop Shop system The mail-order sale will be replaced by the so-called intra-Community distance delivery of goods, which after exceeding the sale limit of EUR 10 thousand will be subject to taxation in the country of consumption. This limit will be applicable in all EU Member States. The taxpayer will have the possibility to settle VAT in the country of consumption due to the registration in the VAT-OSS system. As a consequence, declaring the amount of the tax and its payment will take place in the country of the taxpayer identification. Declarations will be submitted on a quarterly basis in electronic form and the VAT resulting from the declaration that has been paid will be transferred to the country of consumption. The above change also includes the intra-Community provision of services whose place of taxation is the territory of countries other than the EU Member States. Therefore, we are talking about services provided to consumers (e.g. telecommunications, broadcasting and electronic services, advertising services, transport services or services in respect of admission to sporting events). The taxpayer will take the decision on the way of the VAT settlement Taxpayers will be entitled to decide whether after the exceedance of the sale limit pursuant to the existing rules they will register for the purposes of VAT settlements in the country of consumption and will incur additional administrative and accounting costs or whether they will register in the VAT-OSS system in the country where they have their registered office or fixed place of business. However if they choose settlements in the VAT-OSS system, all transactions will have to be covered by this special procedure. The selective application of this procedure will be impossible.
e-commerce VAT 10 Introduction of the distance sale of imported goods New regulations will also cover the distance sale of imported goods whose value does not exceed EUR 150. Deliveries of these goods will benefit from the exemption from VAT at the time of import, with the shift of taxation of these transactions to the further stage – delivery to the consumer. It is of a special importance in the case of transactions performed through the sales platform operators. Fiction of two transactions and new obligations of sales platform operators For VAT purposes, the discussed transaction will be divided into two transactions. The first transaction between the basic provider and the sales platform operator (B2B transaction) and the second transaction between the sales platform operator and the consumer (B2C transaction). These operators will be treated for VAT purposes as typical sales agents and, as a consequence, they will be obliged to collect and pay VAT on account of the sale, pursuant to the VAT regulations applicable in a given country. However, these agents will be entitled to benefit from the settlement in the VAT-IOSS system (i.e. in import OSS) unless they are registered in one of the EU Member States. Non-EU entrepreneurs and the VAT-IOSS system Third-country companies (e.g. companies performing sale through their own online stores) will be also entitled to benefit from the VAT-IOSS system. However, it will be conditional on them obtaining the registration for VAT purposes in one of the EU Member States or appointing an agent with registered office in the EU. Such an agent will be liable together with this company for the VAT settlement. However, differently than in the case of the VAT-OSS system, taxpayers using the VAT-IOSS system will be obliged to submit monthly declarations.
Other changes from 2020 11
New JPK_VAT – 1 October 2020
As of 1 October 2020, the new JPK_VAT structure providing for the preparation and submission of VAT declarations in the xml format applies and the record part
was subject to essential changes concerning:
• markings of individual types of documents in the sale and purchase records: WEW, RO, FP, MK, VAT_RR;
• markings of groups of goods and services (the so-called GTU) subject to sale: 01-13;
• markings of individual types of transactions in the records of output VAT: SW, EE, TP, TT_D, TT_WNT, MR_UZ, MR_T, I_42, I_63, B_SPV, B_SPV_Delivery,
B_MPV_Commission, MPP and input VAT: IMP, MPP.
Significantly, the JPK record part is a book within the meaning of the provisions of the Polish Penal Code Act and, therefore, failure to send it or sending it after
the deadline or with errors (as the so-called defective book) may result in the penal and fiscal liability.
New VAT matrix and Binding Rate Information – 1 July 2020
As of 1 July 2020, the content of Annex 3 and Annex 10 to the Polish Value Added Tax Act was modified and the rules of identification of goods and services
covered by reduced tax rates were simplified. The departure from the application of the PKWiU2008 statistical classification in favour of the Combined
Nomenclature (CN) in the case of goods and in favour of PKWiU2015 in the case of services, covered by the above Annexes, constitutes a major change.
Moreover, the Binding Rate Information appropriate for the classification of goods, services or complex performance was introduced in the case when this
classification has an impact on the tax rate or relevant taxation rules.
The nature of the Binding Rate Information is similar to the individual interpretation (time of the information transfer: 3 months, fee: PLN 40), however it allows the
attachment of appropriate source documents, e.g. specifications of the product or agreement, to the request and the decision is binding for tax authorities and
protects all taxpayers who perform the sale of given goods or service.Other changes from 2020 11
QUICK FIXES package – 1 January / 1 July 2020
As of 1 January 2020, changes in the scope of the international trade in goods aimed at the simplification and harmonisation of regulations, i.e. the so-called
QUICK FIXES, apply.
In Poland the package was officially implemented on 1 July 2020, while its application was even possible as of 1 January.
Major changes within the QUICK FIXES package include:
• changes in the scope of the application of the 0% rate in the case of the intra-Community delivery of goods – the condition of the submission of correct
recapitulative statement (EU_VAT) and the condition of using by the purchaser of valid EU VAT number);
• new rules of documenting the intra-Community delivery of goods – the requirement of the possession of at least two documents which are not opposed to
each other, issued by two independent entities;
NOTE: within documenting the intra-Community delivery of goods, Polish taxpayers may still apply regulations resulting from the Polish Value Added Tax Act.
• changes in the rules of the identification of delivery of transported goods in a trilateral transaction – in the case when the intermediate party is liable for the
delivery of transported goods, the delivery of transported goods will be the delivery performed for it (the exception will be the situation in which the
intermediate party uses the EU VAT number of the same country as the supplier. In such a case, the delivery of transported goods will be the delivery
performed by the intermediate party);
• the change in the rules of settlements of transactions of sale in the call-of-stock warehouse (previously: consignment warehouse) – the transfer of own goods
to a warehouse in another EU Member State is tax-neutral if goods are collected from the warehouse or are returned to the country from which they were
sent within 12 months. If the purchaser collects the goods from the warehouse, the taxpayer is immediately entitled to recognise the intra-Community delivery
of goods for this purchaser. However, the application of the discussed procedure should be preceded by the submission of a notification to the Head of the
Tax Office within 14 days from the day of the first transport of goods to the warehouse.NEW TAXES AND
OBLIGATIONS
#Zpasjidopodatkow [Out of passion for taxes]Sugary drink tax 12 As of 1 January 2021, the so-called sugary drink fee (tax) will enter into force. What is subject to the fee? The sugary drink fee will apply to the placement on the domestic market of drinks with the addition of: 1) monosaccharides or disaccharides and foodstuffs containing these substances as well as sweeteners; 2) caffeine or taurine. How to calculate the new “tax”? The amount of the fee includes the following components: 1) PLN 0.50 for the content of sugars in an amount equal to or less than 5 g in 100 ml of drink, or for the content of at least one sweetener, 2) PLN 0.05 for each gram of sugars above 5 g in 100 ml of drink – expressed per litre. Drinks containing caffeine or taurine are to be subject to a fee of PLN 0.10 per litre. If the drink contains several such substances, e.g. sugar, sweetener and taurine – these fees will be totalled, but their maximum value will be PLN 1.20 per litre.
Sugary drink tax 12 Who will pay the tax? The obligation to pay the sugary drink fee is imposed on a natural person, legal person and organisational unit without legal personality being: 1) an entity selling drinks to retail outlets; 2) an entity carrying out retail sale of drinks in the case of: manufacturer, entity purchasing drinks within the intra-Community delivery of goods or importer of the drink; 3) an ordering party in the case when the composition of the drink subject to the fee constitutes an element of an agreement made by the manufacturer, concerning the production of this drink for the ordering party. Information obligations and penalties. Entities obliged to pay the fee must submit information (CUK-1) in electronic form and pay the fee by the 25. day of the month following the month to which the information relates. In the case of delay in the payment, the head of the tax office will determine, by way of a decision, an additional fee in the amount corresponding to 50% of the due fee.
Alcoholic drink fee 13 The so-called alcoholic drink fee (tax) will be applicable as of 1 January 2021. How high will the fee be? The fee for the licence for an entrepreneur providing an entrepreneur holding the licence for retail sale of alcoholic drinks intended for off-site consumption with alcoholic drinks in unit packages with a nominal amount of the drink not exceeding 300 ml is, additionally, PLN 25 per each litre of 100% alcohol sold in these packages. For example, it means PLN 1 for 100 ml of 40% “monkey” vodka, PLN 2 for 200 ml of 40% “monkey” vodka and PLN 0.88 for 250 ml of 14% “monkey” wine. The fee does not apply to drinks intended for consumption at the point of sale (e.g. restaurants). Information obligations and payment of the tax The entrepreneur holding the licence is obliged, separately in relation to each licence, to: 1) submit in electronic form the information about the amount of the fee; 2) calculate and pay to the account of the appropriate tax office the fee in the amount, – by the end of the month following the end of the half year. In the case of failure to fulfil the above mentioned obligations, penalties from PLN 2,000 to PLN 11,250 may be imposed.
Payment backlogs 14
Essence of new regulations
Limitation of payment backlogs, i.e. delays in payments for contractors – this is the main purpose of the act counteracting payment backlogs
NOTE!
Unjustified extensions of payment deadlines as an act of unfair competition
How does the legislator fight against payment backlogs?
• 30 days for the payment for public entities
• 60 days for the payment for larger companies in relation with smaller companies
• the debtor must prove that the payment deadline is not grossly unfair
• the possibility to withdraw if the payment deadline exceeds 120 days
• the Office of Competition and Consumer Protection may fine companies whose delays in making payments for contractors are the longest ones
• companies that do not receive the payment on time are entitled to the bad debt relief in PIT and CIT
• increase in interest for late payments and compensation for debt recovery
The largest companies will submit reports on their payment practices to the minister of economy
First reports on payment practices – with the information for 2020 – will be published by the end of January 2021Retail sales tax 15
The retail sales tax will be applicable as of 1 January 2021.
Essence of the tax:
Taxpayers obliged to pay the tax will be retailers and the object of taxation will be revenue for retail sales
Retail sales means the sales against payment in the territory of the Republic of Poland within the seller’s business activities of goods to consumers on the basis
of an agreement made at the premises of the company or outside of the premises of the company (within the meaning of the Polish Consumer Rights Act), also
in the case when the sale of goods is performed together with the provision of a service not recorded separately.
The tax obligation will arise when the revenue in a given month exceeds PLN 17 million and it will apply to the revenue above this amount, generated from this
moment until the end of this month.
The tax base will be the surplus of revenue from the retail sales above the amount of PLN 17 million.
Tax rates:
0.8% of the tax base – in the part in which the tax base does not exceed the amount of PLN 170 million;
1.4% of the surplus above the amount of PLN 170 million – in the part in which the tax base exceeds the amount of PLN 170 million.
Taxpayers’ obligations:
• submission to the head of the tax office competent for the taxpayer of tax declarations concerning this tax,
• calculation and payment of the tax to the account of the appropriate tax office for monthly settlement periods by the 25. day of the month following the month
to which the tax relates.
Retailers whose monthly revenue from retail sales does not exceed the amount of PLN 17 million will not submit the tax declaration on the tax amount.Contact
In case of any questions regarding the planned changes, please contact us!
Managing Partner Managing Partner Managing Partner Partner Training Director
Marcin Zarzycki Anna Kubicz Grzegorz Niebudek Daniel Więckowski Maria Moskała
Attorney-at-law, Tax Adviser Tax Adviser Attorney-at-law, Tax Adviser Tax Adviser Proxy
tel.: 504 147 871 tel.: 506 071 669 tel.: 795 997 029 tel.: 608 491 495 tel.: 664 059 244
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