Due to the end of 2021, we encourage you to consider whether you are entitled to any claims with the limitation period expiring at the end of the year. In cases where the limitation period will expire on December 31, 2021, we recommend that you take actions to stop the limitation period as soon as possible. Especially taking into account the fact that failure to act in relation to these claims will make their pursuit after the above-mentioned period ineffective. After the expiry of the limitation period, the debtor may refrain from satisfying the claim.
According to a ruling by the Provincial Administrative Court ( WSA ) in Warsaw, errors made by foreign entities in the content of applications for VAT refunds charged in Poland cannot constitute grounds for refusing to grant VAT refunds. Polish regulations depriving foreign taxpayers of the right to a VAT refund due to errors committed in the application, consisting in incorrect indication of the timeframe of the refund requested, are contrary to Directive 2008/9/EC.
On 19 August 2021, the President signed an amendment to the Act on Social Security System and some other acts. With a number of exceptions, the new provisions came into force 14 days after the date of publication. The amendment introduces numerous changes in the current social insurance system, mainly concerning sick leave and sick pay, which are to come into force on 1 January 2022. Although the goal is to ensure proportionality between revenues and costs of the Social Insurance Fund, in the opinion of some experts such thorough changes should be postponed until the epidemiological situation normalizes.
Most of the changes envisaged in the second part of the VAT simplification package, so called SLIM VAT ( S- simple, L-local, M-modern) will come into force on 1st October this year. The President has already signed the bill. In this blog post I analyze the 6 most important changes that will soon come into effect, regarding chain transactions, intra-community acquisitions of goods and import of services, bad debt relief, input tax deduction, voluntary real estate sales tax, extension of time to correct imports in simplified procedure and split payment mechanism.
Among the draft amendments to the Labour Code, which in recent weeks have been submitted to the Government Legislative Centre, there is also a draft act amending the Labour Code act and the act on Upbringing in Sobriety and Counteracting Alcoholism. The impulse to introduce changes in the area of alcohol testing of employees is the current legal regulation, which de facto makes it impossible to perform such tests, as well as the demands of employers themselves, pointing to the annual increase in the number of accidents at work caused by the intoxication of employees.
On 18 March 2021, the Court of Justice of the European Union (CJEU) handed down a favourable judgment for Polish taxpayers (C-895/19) regarding VAT on intra-Community acquisitions of goods (IC-a). I have already informed about the ruling in the blog post „Favourable CJEU ruling on turnover tax on intra-Community acquisition of goods” in April this year, in which I analysed in detail the essence of the dispute between the taxpayer and the director of the National Tax Chamber (KIS). After the publication of the justification of the CJEU judgment in May 2021, taxpayers began to file applications for acknowledgment of overpayment an masse in order to be on time before 9 June 2021, as on that day the deadline for filing the application together with the overpayment interest due expired. It is worth remembering that the expiry of this deadline, however, does not close the way to recover the interest paid on the untimely filed IC-a.
Further work is underway on the amendment of the VAT Act with regard to the introduction of e-invoices to legal transactions. We have already reported on the ongoing consultations in this area in our blog post “New e-invoices – structured invoices and the National System of e-invoices“. E-invoices will serve to further tighten the tax system and prevent tax fraud.
After lengthy consultations on the introduction of changes to the Labour Code, a draft act amending the Act – Labour Code, the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities and the Act on Employment Promotion and Labour Market Institutions was submitted to the Government Legislative Centre. Although the draft was submitted to the Government Legislative Centre in May, and its content was significantly modified in July, the draft is currently at the opinion stage. The bill is primarily a response to the recently widespread form of home office work and the need for increased health protection for workers in relation to COVID-19.
The Director of the National Tax Information (KIS), in an individual interpretation issued on 26 June 2021, confirmed the position of a taxpayer regarding the possibility to treat as tax deductible expense the expenses incurred for remuneration of CEO of a company and, at the same time, its shareholder, under a contract for work concluded with him.
On 1 July 2021, new requirements for VAT settlement in JPK_V7 came into force. The exception are regulations related to the e-commerce package and the obligation to mark in the sales register the date of payment or the date of payment in the bad debt relief, which come into force on 1 January 2022.