Poland: Obligatory split payment mechanism and white list of VAT taxpayers introduced

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Poland: Obligatory split payment mechanism and white list of VAT taxpayers introduced

Sponsored by

sponsored-firms-mddp.png
poland.jpg

The Polish Ministry of Finance is amending the VAT Act and some other acts, providing for the introduction of a mandatory split payment model for certain transactions from September 1 2019.

The Polish Ministry of Finance has recently published a bill amending the VAT Act and some other acts, providing for the introduction of a mandatory split payment model for certain transactions from September 1 2019.

The introduction of a mandatory split payment mechanism in Poland results from the derogation decision of the Council of the European Union Poland No. 2019/310. The decision provided that Poland should introduce an obligatory split payment by February 28 2022. Nevertheless, the above required the adoption of Polish legislation.

The bill provides that the mandatory split payment mechanism will apply in particular to supplies of goods and services that are subject to the reverse charge mechanism in Poland, as well as some others, as follows:

  • Steel products and scrap;

  • Construction services;

  • Consumer electronics (computers, telephones, TV sets, etc.);

  • Motor fuels;

  • Coal products; and

  • Automotive parts and accessories.

Payments using the split payment mechanism will apply to invoices documenting transactions made between taxpayers (B2B) with a one-off value exceeding PLN 15,000 ($4,000).

Failure to meet new obligations will result in serious sanctions such as:

i) VAT sanction of 100% of the amount of the tax disclosed on the invoice may be imposed on the invoice issuer just for failure to include, on the invoice, the notice 'split payment mechanism' as well as on the purchaser of goods/services who will not make the payment of VAT from the invoice in the split payment mechanism despite such an obligation;

ii) exclusion of the expense from tax deductible costs in corporate or personal income tax settlements; and/or

iii) a fine from the penal fiscal code of up to PLN 21 million.

Although the bill has set out an effective date of September 1 2019, one cannot exclude the possibility that amendments will be postponed. Legislative works on Polish mandatory split payment regulations have still not been completed and the bill may not be adopted before summer break.

White list

Surely, though, the so-called white list of VAT taxpayers will come into force in Poland by September 1 2019. The white list will have an electronic form and include, among others, bank account numbers of VATpayers.

According to the amendments, payments exceeding value of PLN 15,000 made to bank accounts not included in the list cannot be treated as tax deductible from a personal or corporate income tax perspective and will result in joint liability for VAT obligations of the supplier.

more across site & shared bottom lb ros

More from across our site

The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
Gift this article