Poland: Reverse-charge on domestic construction services

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: Reverse-charge on domestic construction services

fornalik.jpg

Janina Fornalik

The amendments to the Polish VAT Act, binding since January 1 2017, introduced new regulations regarding the reverse charge mechanism applicable to domestic supplies between two VAT payers consisting of construction works. However, additional specific conditions should be met, which in practice create a number of interpretation problems.

The legislator introduced two main conditions for the application of the reverse charge mechanism, which must be fulfilled jointly:

1) Subjective condition – the reverse charge mechanism should be applied only on the construction works listed in Annex 14 to the VAT Act; and

2) Objective condition – regarding the status of the parties to the transaction, i.e.:

  • the service provider is not exempt from VAT;

  • the service recipient should be registered as an active VAT payer; and

  • the service provider should act as a subcontractor.

In regards to the subjective condition, it is not always clear if the scope of activities covered by the contract should be classified as the construction works mentioned in Annex 14 to the VAT Act. VAT treatment of the composite supplies could be one of the controversial issues (separate supplies vs. one single supply and determining the main supply).

In regards to the objective condition, the meaning of the term "subcontractor" is problematic in view of various practical situations, since it is not defined in the VAT Act, nor can it be found in any other tax regulations. The Ministry of Finance stated that the literary interpretation of this word should be understood from the dictionary definition, i.e. "subcontractor" should be considered to a person or a firm that performs works commissioned by the main contractor. It should be, therefore, assumed that if the service provider acts as a main contractor directly for the benefit of the investor (for whom the construction permit was issued), it should not be considered as a subcontractor and the reverse charge mechanism will be not applicable. The problem arises e.g. where the construction works are rendered by the members of the consortium or where they are recharged to another entity.

Application of the appropriate VAT rules to the construction services performed since January 1 2017 is very important. The services provider who performs construction works acting as a subcontractor is obliged to issue VAT invoices without VAT. This is the service recipient who should account for VAT under the reverse-charge mechanism. Then, the main contractor should issue an invoice to the investor on the general rules charging output VAT. This means that the subcontractor will be in the permanent VAT refund position which significantly influences the cash flow.

Incorrect settlement of the VAT on the construction works might have substantial VAT consequences. If the subcontractor issues the invoice to the main contractor with VAT, the main contractor will not be entitled to deduct input VAT from such an invoice. On the other hand, the main contractor will be obliged to settle output VAT on the construction services acquired under reverse charge rules. Thus, the main contractor will have to pay VAT twice. In case the main contractor fails to account for output VAT, the penalties for the breach of this obligation will be imposed, including 30% sanction.

Janina Fornalik (janina.fornalik@mddp.pl)

MDDP, Warsaw

Tel: +48 22 3226888

Website: www.mddp.pl

more across site & shared bottom lb ros

More from across our site

The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were at £283.7m, would become part of a £1.23bn firm post combination
China and a clutch of EU nations have voiced dissent after Estonia shot down the US side-by-side deal; in other news, HMRC has awarded companies contracts to help close the tax gap
An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
CIT as a proportion of total tax revenue varied considerably across OECD countries, the report also found, with France at 6% and Ireland at 21.5%
Erdem & Erdem’s tax partner tells ITR about female leader inspirations, keeping ahead of the curve, and what makes tax cool
ITR presents the 50 most influential people in tax from 2025, with world leaders, in-house award winners, activists and others making the cut
Cormann is OECD secretary-general
Gift this article