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 2026

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

As pillar two reshapes global tax competition, the UK faces a crucial challenge: how to remain attractive to multinationals without sacrificing tax revenues
Pillar two may be raising less than expected, but professor René Matteotti says the regime is still changing multinational tax behaviour
Multinationals importing goods into Brazil may need to align TP files and customs documentation more closely as authorities gain new tools to challenge related-party transactions
The private equity-backed deal hands Grant Thornton immediate and impressive US scale, but World Tax data suggests the firm still has work to do to gain recognition
From Instagram content to £100m transactions, the founder of Thomas & Co International discusses building a modern tax and accounting firm for business founders
Growing GAAR scrutiny is driving taxpayers to look beyond legal form and demonstrate the commercial rationale underpinning tax-efficient structures
Pillar two has been clients’ ‘biggest headache’ but also a driver of growth for MHA, which believes it has the edge over its big four rivals
Public country-by-country reporting is exposing multinational tax data to investors, journalists and competitors, creating fresh risks for businesses
Pillar two compliance is creating unprecedented data demands for multinational tax departments, making closer collaboration with FP&A teams essential for accurate reporting and audit readiness
Among the arrivals is Andrew Howell, who leaves scandal-hit PwC Australia after representing PepsiCo in a high-profile TP dispute
Gift this article