A payer of RST will be a seller of goods (movable property or its parts) as defined by the proposed regulations. The draft does not include any specific provisions concerning vendors operating in the trade network, which were covered in previously released draft in February.

It is proposed to establish a tax free amount that amounts to PLN 17 million of retail sales revenues per month. The surplus over the above amount of retail sales recognized monthly will constitute the tax base.

Taxpayers, who will not exceed this amount will be exempted from the RST and will not be obliged to submit any tax returns.

The RST Act draft provides that the subject of taxation should be understood as revenue from retail sales, namely sales made to consumers.

Sales in made to businesses will not constitute a tax base. New regulations exempt internet sales from taxation.

Revenue from the retail sales will not comprise output VAT. Tax paid by the retail seller will constitute a deductible cost.
 

In compliance with the statement of the Ministry of Finance, the Retail Sales Tax will be progressive and will provide two rates and tax thresholds i.e.:

• 0.8 per cent from the tax base between PLN 17 and 170 million,
• 1.4 per cent from tax base surplus over PLN 170 million.

There is no information regarding specific regulations concerning different taxation of sales on Saturdays, Sundays and public holidays.
 

There are a few types of goods that are exempted from the Retail Sales Tax, such as: food services, drugs sales, special purpose nutrition and reimbursed or part-refunded medical devices on the basis of specific provisions.

Additionally, the following types of goods are also exempt from the RST: natural gas, water provided to consumers via water and sewage companies, bituminous coal, solid fuels, gaseous hydrocarbons and diesel fuel for heating purposes.
 

In accordance with announcements of the Ministry of Finance, the RST Act will enter into force in the summer of 2016.

We will keep you informed on any progress in this matter. If you have any questions regarding the issues discussed in this alert please do not hesitate to contact us.
 

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