KPMG Weekly Tax Review 12 AUG - 19 AUG 2024
Draft regulation on exemptions from obligation of keeping sales records using cash registers.
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Welcome to the next issue of the “Weekly Tax Review” prepared in cooperation with tax experts in KPMG in Poland.
On 16 August 2024, the bill amending the Personal Income Tax Act and certain other acts, implementing a solution commonly referred to as the cash PIT scheme, was submitted before the Lower House of the Polish Parliament. The bill brings a possibility to apply the cash method in accounting for revenues and tax-deductible costs. The solution can be used by sole proprietors with revenue from business activity not exceeding the amount equivalent to EUR 250 thousand in the previous taxable year, as well as by entrepreneurs starting their businesses. The cash PIT scheme can be opted for by submitting a relevant statement to the head of a tax office. New provisions are expected to enter into force on 1 January 2025.
According to the judgment of the Supreme Administrative Court dated 9 August 2024, case file II FSK 1506/22, expenses incurred by a company (a seller) to pay the US sales tax (a type of tax levied on buyers) from its own funds, due to the impossibility of including the amount of that tax in the selling price, shall constitute tax-deductible cost for the company. The payment made shall be treated as direct costs, since the company is able to allocate an amount equivalent to the tax to each sales transaction, i.e. the tax is related to specific revenue from the sale of a specific product, and not to securing the company's source of revenue in general.
On 14 August 2024, the President signed the act amending the act on copyrights, adjusting the Polish law to EU directives. The amendment includes, among others, provisions clarifying the need to ensure that creators receive fair and adequate remuneration. It also provides for remunerating creators for making an artistic performance available to the public or recording it in such a way that everyone can have access to it at a place and time of their choosing. Furthermore, the new provisions harmonize the rules of licensing retransmission services and disseminating television and radio programs by means of direct injection. A part of the amendments is to become effective a month after promulgation. In turn, the provisions on remuneration to performers due for communication to the public of their works will take effect after 6 months.
On 13 August 2024, a call for applications under a loan program to accelerate offshore wind development was announced via website of the Ministry of State Assets. The launch of the program is a consequence of the agreement concluded between the Ministry and Bank Gospodarstwa Krajowego (BGK), which is one of the milestones of the National Recovery Plan. As a result, the Bank can now grant loans to fund projects consisting in building offshore wind farms in the Baltic Sea. The support from the National Recovery Plan will be implemented through the Offshore Wind Energy Fund, with almost EUR 5 billion available. Loans will be granted on market terms, which means that the support granted will not be treated as State aid and, consequently, will not be subject to additional notification to the European Commission. Loans will target projects of at least 300 MW. Loan agreements for financing offshore wind farms can be concluded until 31 August 2026, with a maximum repayment period of up to 2053.
https://www.gov.pl/web/aktywa-panstwowe/kolejny-kamien-milowy-spelniony--miliardy-na-farmy-wiatrowe
On 12 August 2024, preliminary remarks to bill amending the Personal Income Tax Act, the Corporate Income Tax Act, and certain other acts were published on the website of the Chancellery of the Prime Minister of Poland. The bill provides for a host of amendments to various tax schemes. The amendments were divided into the following categories: changes beneficial to taxpayers, sealing changes, and technical changes that organize and clarify the wording of the regulations. Among the most important changes are those that tighten regulations on the taxation of family foundations, changes to the IP Box scheme, introducing a requirement relating to employing staff, or changes to the solidarity levy, consisting in expanding the accounting basis for the solidarity levy to include eligible income covered by the IP Box and performances received by beneficiaries from a family foundation.
On 14 August 2024, Poczta` Polska (Polish Post Service) implemented a raft of changes resulting from the latest standard of e-Deliveries public service deployed. The size limit of messages with attachments has been increased to 500 MB, while public entities had the number of message recipients increased to 1,000. Additionally, messages are now available to recipients for 180 days from the date of delivery, mass archiving has been enabled, and rules have been added for moving new messages to folders that users have created. Furthermore, in reply to an inquiry made by the Polish Press Agency, the Ministry of Finance confirmed that works are underway on the further development of the e-Tax Office portal, including, inter alia, enabling sharing data of a natural person with another natural person. There are also plans to develop a mobile application and introduce card payment option.
https://www.gov.pl/web/e-doreczenia/nowe-funkcjonalnosci-w-e-doreczeniach2
The Ministry of Finance published a new draft regulation on exemptions from the obligation of keeping sales records using cash registers. The draft regulation provides for extending the currently applicable scope of exemption by another 2 years (2025-2026). Other changes brought include, inter alia, adding a list of supplies and services to be obligatorily recorded using cash registers.
https://legislacja.rcl.gov.pl/projekt/12388405/katalog/13075904#13075904
