This is to let you know that certain categories of undertakings are required to report the payment periods they apply in their commercial transactions (“Report”). Such Reports are to be submitted to the Minister for the Economy by 31 January each year by reference to the previous calendar year. This is a new requirement that arises from the amendments to the Excessive Delays in Commercial Transactions (Combating) Act of 8 March 2013 (“Act”) introduced by the Act of 19 July 2019 to amend various legislation in order to limit payment backlogs.
The Report must be submitted by:
- tax groups regardless of their revenue,
- taxpayers, other than tax groups, liable to income tax, if their revenue in the relevant tax year exceeded the PLN equivalent of EUR 50 million.
The Report is to be submitted by the management using the Report wizard at the following address: https://www.biznes.gov.pl/pl/e-uslugi/00_0125_00.
For the purposes of these reporting requirements, management means the members of the board that manages the reporting entity or, in the case of single-person boards, the member thereof. For tax groups, the Report must be submitted by the management of each of its constituent companies.
The Report will have to disclose the following information:
- company name and tax identification number;
- the amount of payments received or made in the previous calendar year, broken down into the following periods: within 30 days, between 31 and 60 days, between 61 and 120 days, and after 120 days, in each case counting from the date of the invoice or bill underlying the given supply;
- the amount of payments not received by the contractual due date in the previous calendar year and their percentage share in the total amount of payments due to the reporting entity within that year;
- the amount of payments not made by the contractual due date in the previous calendar year and their percentage share in the total amount of payments due from the reporting entity within that year
The Report submission deadline is 31 January each year. The first Report to be submitted will be that for 2020. Because 31 January 2021 is a holiday, the submission deadline for that first Report falls on 1 February 2021.
If this issue pertains to your business and you are interested in our assistance, please contact your WTS&SAJA consultant.
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