As we already informed you WHT pay-and-refund regime will apply not earlier than on 1 July 2021. Resolution introducing the postponement was published on 30 December 2020. This is very good news for multinationals, in particular for those investing in Polish real estate. Once WHT regime comes into force, the general rule would be to […]
Retail sales tax incoming as of 1 January 2021
Retail sales tax was introduced in Poland in 2016 but so far its collection has been suspended by the European Commission. As of January 2021 retailers selling goods to consumers on the basis of an agreement concluded at the business premises as well as outside (excluding Internet sales) generating revenues from retail sales exceeding PLN […]
Real estate business in Poland – how to prepare for 2021
Significant changes for real estate business investing in Poland will come into force as of 2021. For the first time, the definition of a real estate company is about to be introduced. A real company is: entity obliged under accounting regulations to prepare a balance sheet, in which (i) on the first day of a […]
First opinions of the Anti-Tax Avoidance Council on the applicability of General Anti-Abusive Regulations (GAAR)
In order to mitigate the arbitrariness of the General Anti-Abusive Regulations (GAAR), the Polish legislator decided to establish the Anti-Tax Avoidance Council (hereinafter: the Council) issuing opinions on the applicability of the GAAR clause and measures limiting contractual benefits in individual cases. The Council issues opinions at the request of the Head of National Revenue […]
Poland – VAT grouping
In the agenda of the VAT Committee meeting that took place on 16 November 2020, one of the items discussed was the issue of introducing VAT grouping in Poland precisely described in the Working Papers No. 997 addendum. VAT grouping results from art. 11 of the VAT Directive but has not been implemented in Poland […]
Protocol amending the Polish-Dutch Double Tax Treaty – what has been agreed?
On 29 October a Protocol amending the Polish-Dutch Double Treaty was signed. The Protocol introduces real estate clause. This means that Poland will also have the right to tax income from sale by Dutch shareholders of shares in a Polish real estate entity. So far this right was attributed solely to the Netherlands. Taxation in […]
Expert comment of Jarosław Szajkowski, ASB Tax Manager, for Wyborcza.pl
“As of 1 October, we are obliged to send the authorities also the VAT records and report all its changes. If we make a mistake in the records and have to correct it, we admit that we have kept it unreliable.” Read the full article in Polish by Wyborcza.pl Jarosław SzajkowskiTax Manager – Tax AdviserE: jszajkowski@asbgroup.eu
Settlements with tax authorities as of 1 January
Significant changes in the context of the structure of the tax offices are upcoming as of 1 January 2021 for entities of strategic importance for the economy. One national and 19 local specialized tax offices Establishing one specialized tax office of a national range for a group of key taxpayers, including taxpayers with revenues exceeding […]
Further postponement of WHT regulations
Please be informed that according to the press release (Dziennik Gazeta Prawna) the Ministry of Finance is planning to issue further regulations postponing the entry into force of the WHT pay and refund mechanism. The deferred provisions stipulate the obligation to collect withholding tax on receivables for certain intangible services (to include management services and […]
Expert comment of Jarosław Szajkowski, Tax Manager at ASB Poland, in the article by Rzeczpospolita
“The regulations provide two sanctions for errors in the Standard Audit File. Firstly, a PLN 500 penalty for each mistake, as provided for in the VAT Act. Second, a fine for defective records under the Fiscal Penal Code.” Read the full article in Polish by Rzeczpospolita. Jarosław SzajkowskiTax Manager – Tax AdviserE: jszajkowski@asbgroup.eu