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SLIM VAT 2 and signing of financial statements

Tuesday, 24 August 2021 / Published in Company, VAT

SLIM VAT 2 and signing of financial statements

We would like to inform you about two important events in the tax and legal field.

“SLIM VAT 2” package

Any day an amendment to the VAT Act will be published in the Journal of Laws, implementing the so-called “SLIM VAT 2” package.

The most important changes within the package include:

  • resignation from the condition of deducting input tax in case of ICA and import of services from the presentation of the tax due in the same period (within three months) – implementation of the judgment of the CJEU in case C-895/19 A;
  • VAT deduction “on an ongoing basis” – extension of the number of settlement periods in which the taxpayer will be able to make a deduction by correcting the tax return (the period of the “original” law or 3 subsequent periods);
  • introducing the possibility of submitting a statement by the supplier and the buyer about the choice of real estate taxation in a notarial deed, without the need for a separate declaration;
  • extension of the deadline for submitting information on incurring the first expenditure on a motor vehicle used exclusively for the taxpayer’s business activity.

The changes come into force at the beginning of October, with the exception of the first of those described, which will come into force the day after the announcement (therefore in the coming days).

Act of August 11, 2021 amending the Act on tax on goods and services and the Act – Banking Law.

Signing financial statements

Today, the Council of Ministers has adopted a draft amendment to the Accounting Act.

One of the essential elements of the amendment is the introduction of the rule, according to which, in the case of companies with more than one person, the financial statements will not have to be signed by all members of this body.

The amendment provides for a solution under which financial statements may be signed by at least one member of this body.

However, it will be able to do so only after the other members of this body make declarations that the financial statements meet the requirements provided for in the Act, or refuse to submit such statements.

The refusal to submit the declaration will be tantamount to the refusal to sign the financial statements and will require a written justification.

A declaration that the financial statements meet the requirements provided for in the Act or a refusal to submit such a declaration will be attached to the financial statements.

Declarations and refusals to submit these declarations will be made in an electronic form with a qualified electronic signature, a trusted signature or a personal signature, or in a paper form with a handwritten signature. If the above-mentioned the documents will be prepared in paper form, one of the persons being part of the authority will ensure the digital reproduction of these documents.

Currently, the draft will be submitted to the Sejm.

The provisions under analysis are to enter into force on 1 January 2022 and apply to financial statements prepared in 2022 for 2021.

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