News

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MF further tightens up the VAT system

A draft amendment to the VAT legislation and the KAS Act has been submitted to public consultations and inter-ministerial arrangements. The aim of the modifications is to tighten up the VAT system, especially in the area of e-commerce.

According to the draft, obligations are to be introduced for payment service providers (e.g. domestic banks, branches of foreign banks, credit institutions, SKOKs), such as:

– keeping quarterly records of payments and payment recipients for cross-border payment services;

– keeping records for 3 years from the end of the fiscal year in which the payment was made;

– making the records available to the Head of the National Fiscal Administration.

When analysing the draft, it is worth emphasising that only cross-border payments will be subject to the new obligation. Records will be kept if the payment service provider makes more than 25 such payments to the same payee during a quarter. The collected data will be stored by the Head of KAS and will also be placed in the EU CESOP system,’ points out Łukasz Woźniak, manager at Thedy & Partners.

This project implements into the Polish legal order the provisions of Directive 2020/284 amending Directive 2006/112/EC as regards the introduction of certain requirements for payment service providers. The implementation of the directive should take place by 31 December 2023 and the provisions will apply from 1 January 2024.

Arrangements and consultations on the draft are ongoing until 23 August this year.

Contact

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