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Tax alerts - archive - page 5

[60/2017] Transaction with a Contractor Removed from the Register of Taxpayers

RSM Poland
10 July 2017
Piotr LISS
The tax authorities question the right to deduct VAT due from invoices issued by entities not registered for the VAT purposes. Does the right to deduct VAT depend on the contractor's registration?
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[59/2017] End of the dispute concerning the widow's mite
RSM Poland
28 June 2017
Tomasz BEGER
On 15 May 2017, the Supreme Administrative Court, composed of seven judges, adopted a resolution ending a dispute concerning the taxation of the real property sales made before the expiry of a five-year period from the death of one of the spouses (file ref. No. II FPS 2/17).
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[58/2017] Printing of receipts in case of mobile payment
RSM Poland
26 June 2017
Piotr LISS
A landmark judgement has been passed that concerns printing of receipts in case of mobile payments with the use of a mobile phone.
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[57/2017] New criminal and penal & fiscal regulations
RSM Poland
2 June 2017
Przemysław POWIERZA
This year's amendments to the Penal and Fiscal Code (PFC) and the Penal Code (PC), related to the offences against reliability of documents, have had wide repercussions among people involved in keeping the books of accounts. What is it all about? Well, since 1 January 2017, sanctions for inaccurate issuance of an invoice or a bill or for using such documents have been strengthened (Art. 62 §2 of the PFC). Currently, this act is punishable with a fine up to 720 daily rates and imprisonment for the period no shorter than one year.
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[56/2017] Withholding Tax - Judgment of the SAC
RSM_Poland_Graphic
27 May 2017
Piotr LISS
On 15 May 2017, the SAC, in an extended composition of 7 judges, stated that in the legal state before 1 January 2017 the payers should have charged the withholding tax on the remuneration paid to foreign entities providing intangible services referred to in Art. 21.1 of the Corporate Income Tax Act (CITA) outside the territory of Poland. Undoubtedly, it is a disadvantageous and controversial judgement that will give the tax authorities an additional argument to question the correctness of the settlements submitted so far by Polish taxpayers.
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[55/2017] Transfer pricing: grouping transactions in the light of new regulations
RSM Poland
18 May 2017
Tomasz BEGER
Although the new transfer pricing regulations have been in force for only a few months, there have already appeared strikingly contradictory positions regarding grouping transactions in order to determine whether the statutory limit obliging a taxpayer to prepare transfer pricing report has been exceeded. In the opinion of the Provincial Administrative Court in Kraków (judgement of 23 February 2017, ref. No. I SA/Kr 1290/16), the linguistic interpretation of the newly added Art. 9a(1d) of the Corporate Income Tax Act (hereinafter: "CITA") leads to the conclusion that the term "of one type" does not refer to "transactions" but only to "other events". Thus, during the verification of the transaction threshold, it is necessary to sum up all the transactions carried out with related entities. However, the Head of the Tax Chamber in Poznań takes a different view (individual interpretation of 3 February 2017, No. 3063-ILPB2.4510.207.2016.1.ŁM). He believes that the aforementioned limit should be applied separately to each transaction concluded with a related entity. 
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[54/2017] Deduction of VAT on construction services
12 May 2017
Przemysław POWIERZA
The correct determination of the inception of the right to deduct VAT on the services covered by the reverse charge upon receipt of an outstanding invoice from a subcontractor, is an important issue in the construction industry. The mechanism of reverse charge of VAT for services listed in Annex 14 to the VAT Act raises further doubts of taxpayers. This time, the issue concerns the determination of the inception of the right to deduct VAT for the General Contractor when he has received an invoice from a subcontractor with a delay of more than three months. It should be considered whether this right arises on general principles, i.e. not earlier than upon receipt of an invoice from a subcontractor, or at the time the tax obligation arises.
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[53/2017] Bad debt relief also two years after the invoice is issued
RSM Poland
12 May 2017
Tomasz BEGER
According to the latest judgment of the Regional Administrative Court in Gliwice on bad debts relief, taxpayers may adjust the tax due (in reference to unrecoverable debts) even when two years have passed from the end of the year in which the invoice was issued.
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[52/2017] Changes in Country-by-Country Reporting
RSM Poland
5 May 2017
20 March 2017, the President signed the act of 9 March 2017 on the exchange of tax information with other countries (Journal of Laws 2017, item 648, hereinafter the "Act"). One of the issues regulated by this Act is the exchange of tax information on entities composing a group of entities (Country-by-Country Reporting: CBCR). This Act has not only transferred the provisions on CBCR from the Tax Act, but it has also introduced a number of changes in respect of the obligation to submit it, i.e. it mainly expanded the scope of entities obligated to do it.
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[51/2017] Interruption in the transport of goods undermines the right to 0% VAT rate
RSM Poland
18 April 2017
Piotr LISS
According to a recent judgement of the Supreme Administrative Court (NSA) of 10 February 2017 (file ref. I FSK 628/15), an interruption in transport prevents the application of 0% rate of VAT.
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