Entrepreneurs who are settled with counterparties in the form of cash should know that from 1 January 2017-the limit of operations that can be performed without the use of payment account (e.g., Bank accounts) will be reduced from the current 15 thousand EUR to 15 thousand PLN . Exceeding this limit will lead to the inability of putting cash flow to get income. But it will be possible to regulate the commitments in an amount not exceeding 15 thousand PLN by offsetting mutual settlements, netting, or by the use of barter deals or other non-cash form fee regulatory obligations without sanctions, in the absence of the possibility of offsetting such costs in the deductible expenses.
Such sanction (the inability to offset costs to the cost of the tax, as in the PIT, and CIT) refers to as one cash payment in the amount of 15 thousand PLN, as well as many cash payments within a single transaction (for example, one contract of sale). The requirement is made the following charges for using your Bank account apply for payment in PLN and in foreign currency. A foreign currency must be converted into PLN at the exchange rate the average foreign currency exchange rates announced by the NBP (National bank of Poland) on the last working day preceding the date of the transaction.
As mentioned above, the company, which will deals amounting to more than 15 thousand PLN to pay, for example, in cash, not using Bank accounts will not be able to relate this amount to the cost, to get income. If it not possible to reduce the deductible costs, it will have to increase revenue.
Sanctions only for cash transactions, barter and deduction without limit
Regulative this function the provisions of the act PIT(income tax from physical persons) and CIT (income tax from low persons) use the term "payment", resulting from the transaction, which means that only cover specified in them a way to regulate the obligations, i.e. by making the payment. The Ministry of Finance informed that these laws are not applicable to other forms of regulation (reduction) of obligations that are not payments and are not associated with the payment account. Such forms of settlement obligations, in particular, compensation (offset) or barter not covered by the rules (the parties to the contract do not realise the "payment").
In the case of payments that are conducted using payment documents related to payment accounts, such as, in particular, payment cards and payments made via intermediaries in payments, such as PayPal, PayU etc., will be fulfilled the requirement of conducting them through the account in the payment system.
These changes from the 1st January 2017 will be introduce by the Act of 13 April 2016 about the change of the Income Tax Act for natural person , the Income Tax Act for legal entity persons and the Act on freedom of economic activity - Journal. Laws 2016, item. 780.
Since 2017 year the amended low of Article 22 of the Act of freedom of economic activity will sound next "making or accepting payments related to their business activity is through the payment account trader, in each case if:
- A party of the transaction, according to which payment is an another entrepreneur and
- The value of one transaction, regardless of the number resulting from the payment exceeds 15 000 PLN, the transactions in foreign currencies must be converted into PLN at the exchange rate the average foreign currency exchange rates announced by the NBP (National bank of Poland) on the last working day preceding the date of the transaction.