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New VAT e-commerce rules – a bill of amendment to the VAT Act

At the end of October, the Ministry of Finance, Funds and Regional Policy published a bill of amendment to the VAT Act and some other acts, which adapts the Polish regulations to the EU law known as VAT e-commerce package.

Tax Alert 2020 / 11 / 16

Excise Duty Amendment Bill

The Government Legislative Centre published an updated bill which amends, without limitation, the Excise Duty Act of 6 December 2008 (Journal of Laws of 2020 Item 722).

TAX ALERT 2020 / 10 / 21

The European Commission has recently published explanatory notes on the new VAT e-commerce rules

Due to the practical difficulties created by the COVID-19 pandemic situation, the application of the new VAT e-commerce rules has been postponed by six months. Thus, the rules will apply as of 1 July 2021 instead of 1 January 2021, giving Member States and businesses additional time to prepare.

Andersen Global 2020 / 10 / 20

The obligation to notify the Social Insurance Institution (ZUS) about contracts for specific tasks starting from 1 January 2021

1 January 2021 marks the date from which entrepreneurs will be obliged to notify ZUS (the Polish Social Insurance Institution) about conclusion of contracts for specific tasks (PL: umowa o dzieło), including contracts which are not subject to social insurance contributions.

TAX ALERT 2020 / 10 / 19

ECJ considered the Polish bad debt relief regulations non-compatible with the VAT Directive

On 15 October 2020, the European Court of Justice (“ECJ” or “Court”) passed a judgment in case C‑335/19 E. Sp. z o.o. Sp. k. vs the Minister of Finance concerning compatibility of the Polish bad debt relief regulations with Directive 2006/112/EC (“Directive”).

TAX ALERT 2020 / 10 / 16

Deadline for preparation of TP documentation

The deadline for submission of the transfer pricing information and the statement on preparation of a local file ends on 31 December 2020 for those entities whose tax year overlaps with the calendar year.

Transfer Prices for 2019 2020 / 10 / 08

Minister of Finance comments on deductible costs for authors of creative works

On 15 September 2020, the Minister of Finance issued a long-awaited general ruling concerning the requirements for applying 50% deductible costs to calculate income from disposal or use of copyright by its owners. The interpretation defines when and under what conditions remuneration can be recognized as a royalty to which the increased tax costs apply.

TAX ALERT 2020 / 09 / 28

The lump-sum income from company car use for private purposes includes the costs of fuel – says the general ruling issued by the Ministry of Finance

The value of income from the use of company cars for employees’ private purposes is determined as a lump sum in the PIT Act. The Minister of Finance, in a general ruling issued on 11 September 2020 (DD3.8201.1.2020), confirmed that the lump sum also includes the value of fuel purchased by the employee on the employer’s account.

TAX ALERT 2020 / 09 / 23

Planned changes to CIT and PIT regulations vs. transfer pricing – tax strategies and tax havens under the scrutiny of fiscal authorities

The latest proposals of changes to CIT and PIT regulations prepared by the ministry of finance attract comments primarily in the context of CIT imposed on limited partnerships and some registered partnerships. However, the bill of amendment, published on 16 September on the website of the Government Legislative Centre, also provides for numerous new solutions in the area of transfer pricing. Additionally, further improvements connected with COVID-19 are planned.

TAX ALERT 2020 / 09 / 21

Planned CIT and PIT amendments to take effect on 1 January 2021

The Ministry of Finance is currently working on a bill of amendment to the CIT and PIT Acts, intended to seal the tax system. At the moment, no bill or explanatory memorandum exist. Assumptions for the bill have been published on the government website.

TAX ALERT 2020 / 09 / 16

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