When should you register for VAT in Poland?

Registering as a VAT (Value Added Tax) taxpayer is an important step in running a business. In Poland, as in most European Union countries, the VAT system is a key element in the functioning of the economy. Registration affects tax obligations, the ability to deduct input tax and the application of tax preferences. In this article, we will discuss when and why you should consider registering for VAT in 2023.

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What is VAT?

VAT, or value-added tax, is a compulsory tax imposed on most goods and services. Under the VAT system, the tax is levied at each stage of production and sale, with taxpayers acting as intermediaries in collecting the tax and remitting it to the state budget. There are different VAT rates, including basic, reduced and zero rates, which govern the taxation of different types of goods and services.

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Who must register as a VAT taxpayer?

Mandatory registration as a VAT taxpayer in Poland is primarily regulated by the Act of 11 March 2004 on Value Added Tax. According to this law, the moment of registration depends mainly on the turnover limit reached.

The value of this threshold may vary depending on the type of activity and the chosen mode of taxation. In 2023, the following turnover limits apply, which determine the need to register as a VAT payer:

• General turnover threshold: For most taxpayers whose turnover exceeds a total of PLN 200,000 in the previous calendar year, the obligation to register as a VAT taxpayer arises (Article 113(1) of the VAT Act).
• Thresholds for activities requiring registration regardless of turnover: In certain industries, there are sectors with a higher risk of tax fraud or where international transactions take place when VAT registration is mandatory. Examples include trade in second-hand cars, scrap metal, waste, precious metals, certain financial services, or the sale of excise goods.

It is also important to note some exceptions that may affect mandatory VAT registration:

Intra-Community transactions: If a taxpayer plans to carry out intra-Community transactions, i.e. trade in goods between EU countries, there may be an obligation to register for VAT, regardless of the turnover achieved. This is due to the need to monitor the movement of goods within the European Union and to tax these transactions correctly.

Imports and exports: as with intra-Community transactions, carrying out imports or exports may require VAT registration even if the overall turnover threshold is not exceeded.

Compulsory VAT registration is essential for conducting legal and proper business activities. Failure to register on time or when obliged can lead to financial penalties and other legal consequences. It is therefore advisable to keep up to date with changes in tax legislation and to consult a professional, such as a tax advisor or accountant, to ensure that you are operating in compliance with current tax legislation.

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Taxpayer exempt from VAT

A taxpayer exempt from VAT is an entrepreneur who, for various reasons, is not obliged to pay VAT on goods and services. There are specific situations in which entrepreneurs can benefit from VAT exemption. Below, we discuss the main reasons for which a taxpayer may be exempt from VAT:

• Low turnover: In some countries, including Poland, there are limits that determine when a business is exempt from VAT registration due to its small turnover. For example, in Poland, if the turnover does not exceed a specified value (for the year 2023, this is a total of 200,000 PLN), the entrepreneur may be exempt from the obligation of VAT registration.
• Specificity of the activity: Certain types of activities are exempt from VAT due to their nature or social purposes. Examples include educational services, medical services, childcare, charitable activities, and some cultural activities. In the case of these activities, these entities are exempt from the obligation of VAT registration without any conditions.
• Small-scale economic activity: In some cases, when economic activity is conducted on a very small scale, there may be a possibility of VAT exemption, especially if it is only an additional revenue for the entrepreneur and not the main source of income.

It should be noted, however, that taxpayers exempt from VAT are not entitled to deduct input VAT on their purchases. This means that they cannot deduct the costs incurred for goods or services, which may impact their operating expenses. Furthermore, being VAT exempt also implies that the entrepreneur is not required to file VAT returns or apply VAT rates when selling their products or services.

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Optional registration for VAT

If you have not exceeded the required taxation threshold, you can still opt for voluntary VAT registration. This option can be advantageous in many cases, especially when you engage in activities involving frequent international transactions. Registering for VAT in such situations allows you to deduct the VAT charged on purchase invoices, which significantly impacts the costs of conducting business.

Below, the main benefits and situations in which it is worth considering voluntary VAT registration are discussed:

• Deduction of input VAT: One of the key benefits of VAT registration is the right to deduct the input VAT on purchased goods and services. This means that a business owner can reduce their costs by the amount of VAT paid. For companies that frequently invest in the purchase of goods and services, this can lead to significant savings.
• Probability of cooperation with larger contractors: Some contractors, especially large corporations or public institutions, may require their suppliers to have VAT taxpayer status. VAT registration can enhance the credibility of a company in the eyes of such contractors and enable participation in tenders or the provision of services to larger clients.
• Planned business growth: If a business owner plans significant growth in the future, registering as a VAT taxpayer can be advantageous even before reaching the mandatory turnover threshold. This provides greater flexibility in business expansion and eliminates the need for rush registration when the threshold is exceeded.
• Increased financial control: VAT registration entails a more comprehensive financial recording and reporting system. This can assist the business owner in better financial control and improved management of the company.

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VAT and transactions with EU contractors

When planning commercial transactions with foreign counterparties from the European Union, it is important to understand the principles related to VAT. In such cases, it is necessary to register as an EU VAT taxpayer, especially in the context of intra-community acquisition of goods and intra-community supply of goods.

The procedures related to intra-community transactions can be complex, so it is a good idea to consult with us and ensure correct and compliant VAT settlement in the context of EU trade.

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The amavat^® Team

We are an independent member of HLB. THE GLOBAL ADVISORY AND ACCOUNTING NETWORK.