Poland planning significant VAT changes in 2017

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Poland planning significant VAT changes in 2017

intl-updates-small.jpg

Serious amendments to Poland's VAT Law are likely to be implemented on January 1 2017. The modifications are mostly aimed at preventing tax fraud and increasing tax collection.

bogdanski.jpg

Bartosz Bogdański

The draft amendments proposed a VAT penalty (abolished in 2008), which can be imposed on taxpayers that underestimated output VAT in their VAT returns (the same penalty will be applicable for overestimations of input VAT).

The penalty amounts to 30% of the VAT underestimation. However, taxpayers will not be punished if they voluntarily correct their VAT return before a tax audit commences. Furthermore, VAT arrears resulting from accounting errors and "obvious mistakes" will not be penalised, and nor will arrears from reporting VAT in the wrong periods (i.e. when VAT was declared in the right amounts, but in the wrong reporting periods).

Taxpayers could face a penalty amounting to 100% of VAT of the underestimation in the tax return if taxpayers are found to have participated in fraudulent transactions (carousel fraud).

Poland also plans to introduce measures that may complicate VAT registration for entrepreneurs starting business activity. Starting businesses willing to use so-called "virtual offices" (services of address providers) may be asked to pay a deposit, amounting PLN 20,000 – 200,000 ($5,000 – $51,000) to the tax office, which will be refunded after one year of business activity. The same restrictions will apply to taxpayers related to companies or individuals that had tax arrears exceeding PLN 20,000 in the past.

Attorneys, who represent a taxpayer in the VAT registration process, will be joint and severally liable for tax arrears arising in the first six months of a taxpayer's activity if the tax arrears are a result of fraudulent activity (carousel fraud).

In addition, new established taxable persons will not be allowed to file VAT returns quarterly in the first year of activity. This benefit will only be available in the second and third year of business to only small taxpayers that do not exceed a monthly turnover threshold of PLN 50,000.

Separately, in order to prevent tax fraud in the construction sector, all construction services will be subject to an obligatory reverse charge mechanism.

Bartosz Bogdański (bartosz.bogdanski@mddp.pl)

MDDP

Tel: +48 22 322 68 88

Website: www.mddp.pl

more across site & shared bottom lb ros

More from across our site

Uncertainty isn’t always a bad thing, but it’s easy to see how the Trump administration’s IRS commissioner merry-go-round may serve to undermine business confidence
The EU defended its ‘sovereign right’ to impose the tax in the face of US tariff threats; in other news, the US deputy Treasury secretary resigned after just five months
Ascoria’s chief revenue officer shares her career wisdom garnered from the disparate worlds of tax technology, electric cables, radio DJing and more
Businesses no longer have a choice when it comes to tax technology transformation. Pavlo Boyko of TMF Group says the question is simply: sink or swim?
The firm is hunting for a senior TP manager in its quest to build a full-service practice in Indonesia, A&M Tax’s Jakarta head Jaap Zwaan tells ITR
With a new government in place, the evolving tax landscape presents both opportunities and challenges for taxpayers
Major economies have expressed concerns, with China arguing a US global minimum tax exemption would be a violation of the principle of fair competition – ITR understands
Senator Richard Colbeck told ITR he was concerned by the decision to let PwC Australia tender for government contracts again after a scandal-induced ban
Whether it be due to a fragmented advisory market or a rise in M&A, Italy’s frenetic hiring has not gone unnoticed by ITR’s Talent Tracker
The deal gives Azets 14 new partners and boosts its Swedish revenues to over $100 million; in other news, Svalner Atlas launched in Copenhagen
Gift this article