Poland joins 18 other EU member states with VAT group simplification option
Poland has signed into law a range of tax measures (Polski Ład) to help promote business innovation and growth. This includes the option for a single VAT return for related companies, a ‘VAT group, based on EU VAT Directive rules.
Related VAT registered resident business will be able to consolidate their reporting into a single return and share the same VAT number. This means intra-group transactions would be made without VAT. Intra-group VAT transactions would be zero-rated, thus avoiding cash flow requirements.
For Poland, which replaced the VAT return with JPK_VAT (SAF-T) reporting, this would mean a consolidated submission of the filing each month.
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The VAT Group, Podatkowa Grupa Kapitałowa, PGK, will be similar to those in other EU countries:
- VAT groups will be a voluntary option between related businesses;
- businesses within the group will become jointly and severally liable to each others’ VAT
- intra-community transactions will be effectively zero-rated;
- losing the status of a PGK group will have an impact on the status of the VAT group, which in consequence will cease to exist; and
In the future, perhaps 2023, this would be broadened to a wider range of smaller companies.
EU VAT Group rules
Poland is looking to introduce the scheme under the rules of the EU VAT Directive Article 11 of Directive 2006/112/EC. This stipulates that group members must be closely linked financially, economically and organisationally to be treated as one taxable person. Typically, this means at least 75% share control of companies within the group, shared management or shared business goals or activities. This can include a member of the group providing goods or services that are mostly / wholly consumed by other members of the group.
Poland will be expecting one nominated member of the group to take on responsibility for the consolidated return.