You will find here changes in the tax regulations discussed and commented by Mazars' experts.
New confirmation of EU supply of goods - 0% VAT
An invoice from a transport company and a confirmation of payment of remuneration to the carrier may be sufficient to apply the 0% rate for intra-community supply of goods - it results from a very favourable tax ruling for one of our clients, on the documents that entitle to apply the 0% VAT rate for intra-community supply of goods.
Obligation to apply new codes in SAFT_VAT (JPK_VAT) starting from the VAT settlement for July 2021
On July 1, 2021, a Regulation of the Minister of Finance changing the scope of data shown in JPK_VAT files (i.e. JPK_V7M and JPK_V7K) came into force. The same day the Ministry of Finance published guidance according to which new coding rules must be applied (with few exceptions) starting from the VAT settlement for July 2021.
Obligation to prepare and publish information on the execution of tax strategy
On January 1, 2021, came into force the regulations providing for the obligation to prepare and publish on the website information on the tax strategy executed in the previous fiscal year. This obligation was imposed on the largest business entities. Some of them will have to publish information on the executed tax strategy for the year 2020 already in 2021.
30 days to reclaim interest on Intra-Community Acquisition of Goods and on importation of services
In its judgment of 18 March 2021 (Case No C-895/19), the Court of Justice of the European Union ruled on the incompatibility with EU law of Polish regulations making the exercise of the right to deduct VAT on Intra-Community Acquisition of Goods in the same settlement period in which output VAT on Intra-Community Acquisition of Goods arose conditional on the display of output VAT on Intra-Community Acquisition of Goods in a tax return submitted within 3 months, counting from the end of the month in which the tax point arose with respect to the acquired goods.
The Polish Ministry of Finance has issued a general tax ruling on fuel cards. This ruling indicates what criteria determine recognition of fuel card transactions as a financial service. A release has also appeared on the government website informing that due to the repeal of Article 7 section 8 of the VAT Act, individual tax rulings issued in respect of this provision as of 1 January 2021 are no longer valid.
In regard to the approaching CIT settlement period and numerous doubts arising from the interpretation of regulations on exclusion of expenses incurred for purchase of intangible services and licenses from related parties from tax deductible costs, we recommend to provide a revision of transactions with related parties in order to verify the correct application of the above regulations and identify potential tax risks.
We would like to draw your attention to the possibility of taking advantage of the so-called "bad debt relief" in VAT, also in situations in which, according to Polish law it was previously not possible.
Thanks to many years of experience in providing services to companies from various sectors and with different legal personality, we offer a full range of services, including accounting, HR and payroll services as well as tax advisory. Our experts readily share their knowledge on current issues, changes in regulations and they also answer many bothering questions related to running a company. The published texts are in Polish.