TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

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EORI number, the ticket to sell and buy goods from outside the European Union

The so-called EORI number, (Economic Operators Registration and Identification) is a business identification number used to contact the customs authorities within the European Union. It is needed if a trader wants to sell or buy goods from outside the EU. It must be obtained before the first planned customs operation. What does it consist of and, above all, how to obtain it?

Binding Rate Information (WIS) – protecting the taxpayer when applying the appropriate VAT rates

The new VAT rate matrix, which is a catalogue of goods and services that can benefit from a preferential VAT rate, has been in force for more than two years now. However, it happens that determining the correct VAT rate for a good or service is not easy. The legislator decided to make it easier for taxpayers to apply the VAT rate rules and provide them with adequate protection.

Amendment to the VAT-Act in 2022. – summary of significant changes for taxpayers

As of 1 January 2022, amendment to the VAT-Act came into force which may have significant implications for the conduct of VAT settlements in Poland. The changes primarily concern the new method of invoicing, rules regarding settlement of correcting invoices, rules for issuing primary and correcting invoices.

VAT – mistakes in the application do not constitute grounds for refusal of VAT refund

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.

SLIM VAT 2 or further changes in VAT passed

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.

You can still recover interest paid for late declaration of IC-acquisition

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.

The 20% sanction in the VAT is incompatible with EU regulations – CJEU judgment in case C-935/19

The CJEU in the judgment issued on 15 April 2021 indicates that penalties concerning irregularities in VAT settlements must take into account of all the circumstances of the case. They cannot be applied where it is impossible to estimate the negative effects of an action and without verifying the intentions of the taxpayer. Penalties are intended to prevent fraud and tax offences, and therefore cannot be an expression of oppressive treatment of entrepreneurs by the state authorities.

+49 30 88 03 59 0
berlin@vonzanthier.com
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