Any company registered with the Polish tax authorities (see our Polish VAT registration briefing) as a non-resident VAT trader must report taxable transactions. Since 1 October 2020, this is via Polish SAF-T transaction reporting rather than a summary VAT return.
In Poland returns may be filed electronically or manually.
The default tax period for VAT in Poland is one calendar month. However, the VAT reporting period, quarterly or monthly, can be selected by a business when registering using the VAT-R form. If a business chooses to file quarterly returns it may still be required to make monthly VAT pre-payments depending on turnover. Only businesses with a turnover of less than PLN5,068,000 may make quarterly payments. Businesses supplying “sensitive” goods such as steel, fuel and rough gold must make monthly returns and payments.
In addition to declaring sales or output VAT in the Polish return, companies can offset this by the corresponding input or purchase VAT. There are some exceptions, including:
Polish monthly or quarterly VAT returns are due on the 25th of the month following the period end. Any Polish VAT due must be paid at the same time. In the case where a business has opted to file quarterly returns but is required to make monthly prepayments, VAT due for the quarter should be paid as below:
If there are misdeclarations or late fillings of Poland VAT returns, foreign companies may be subject to penalties. Penalties generally take the form of interest charged on the amounts of unpaid VAT. The interest rates are currently set at twice the Polish National Bank rate plus 2%. The rate charged must be a minimum of 8%.
The tax assessment period is five years from the end of the year in which a business was liable for VAT.
If there is a surplus of VAT inputs over outputs (more VAT incurred than charged), then a Polish VAT credit arises. In theory, this is due back to the VAT registered business from the tax authorities. This credit can be refunded or carried forward to offset any tax due in the next period. A business applying for a VAT refund in Poland will be subject to time limits depending on the nature of the transactions involved.
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