Employer’s liability for VAT on empty invoices issued by an employee – NSA judgment of 3 September 2024 (ref. I FSK 1212/18) Last Tuesday (i.e. 3 September 2024), the Supreme Administrative Court [hereinafter: NSA or the Court] issued a judgment (I FSK 1212/18) in a case that was the subject of a ruling by the…
Improved proposal of changes to property tax On September 3, 2024, the Ministry of Finance presented a new draft of changes to property tax, which are to apply from 2025. The previous draft was the subject of a consultation conference, which was also attended by representatives of local governments and entrepreneurs. The new wording of…
“JPK CIT” reporting from 2025 – a new obligation for all taxpayers On August 16, 2024, the Minister of Finance signed a regulation regarding the details of JPK CIT reporting. It is to be formally published in the near future. JPK CIT is a new obligation regarding the transfer of data from accounting books to…
CJEU has ruled on the legality of DAC 6 provisions under EU law The last few days have seen two important judgements on the reporting of tax schemes. First, the verdict of the Polish Constitutional Tribunal (CT) confirming the inviolability of professional secrecy (for the time being, only for tax advisors, as it was this…
DAC6 (MDR) legislation is unconstitutional as regards the duties of tax advisers The Constitutional Tribunal ruled that the provisions regulating the reporting of tax arrangements (MDR) are contrary to the Polish Constitution to the extent that they interfere with the scope of professional secrecy of tax advisers. What follows from the Constitutional Tribunal judgment? The Constitutional Tribunal (CT) indicated…
Concerning draft of real estate tax changes On 17 June 2024, the long-awaited draft of amendments to the real estate tax regarding the definitions of a structure and a building appeared, which are to take effect from 2025. The changes are necessitated by rulings of the Constitutional Tribunal, in particular in the context…
DAC7 – new reporting obligations for digital platforms On 6 June 2024, the Senate, without any changes, sent the text of the Act amending the Act on exchange of tax information with other countries and certain other acts to the President for his signature. The amendment implements into Polish law the provisions of the EU…
Taxpayers may apply to start cooperation with the National Revenue Administration [NRA] based on the so-called Cooperative Compliance Programme, a pilot formula assuming mutual trust, understanding and transparency. This is a new quality of the taxpayer’s relationship with the tax authority, which is modelled on OECD solutions and the experience of the most developed countries.…
KSeF postponed until 2026 We already know the new date for the mandatory KSeF to come into force: it is the first quarter of 2026; interestingly, contrary to earlier announcements by representatives of the MF, a ‘phasing in’ of the project is assumed: – from 1 February 2026, the compulsory KSeF will be extended to…
New obligation in the Accounting Act Large multinational entities based and operating in Poland will be obliged to publish reports related to income tax paid in the countries in which they operate. The purpose of the amendment to the Accounting Act, which sets out the rules for the preparation, publication and disclosure of income tax…