In this article we will review the schedule of the company from the moment of its registration and throughout the year - its documents, statements, declarations and reports, and where they are needed to be submitted. In this article we are talking about a limited liability company, as the most popular legal form.
After registration, the company must submit a PCC-3 declaration and pay a civil law activity tax of 0.5% within 14 days of signing the Articles of Association of the Company. Sometimes it happens that 14 days have passed since the signing of the statute, and the company is still not registered, therefore it is not possible to submit a declaration on time, as the company is in the process of registration and does not have an identification numbers such as KRS registration number, NIP and REGON numbers. In order not to receive a penalty for late filing of a declaration, it is necessary to add a so-called "czynny żal" - notifying the tax authority of the offense, which in its standard form informs that the taxpayer knows that he committed an offense in accordance with the tax code, committed it himself without third parties and did not receive letters from the tax office on this matter until the filing of the declaration. In such a case, the tax authority shall not impose a penalty. But as a rule, the company is registered within 7-10 days and if the representative of the company stays in Poland he has the opportunity to submit a declaration on time.
It is the duty of each entrepreneur to apply statement to The Ultimate Beneficiary Owner Register within 7 days from the date of company registration. This is information about all members of the management board and shareholders who hold more than 25% of the shares, and is publicly available. This means that any person can check who the ultimate beneficiary of any company is, as well as check an individual with the help of a PESEL number or date of birth. Such an application shall be submitted electronically on the website of the Ministry of Finance and shall be signed with an electronic signature or ePUAP profile by a representative of the company. In the event of any change in the composition or data of the actual beneficiaries, the current data must also be submitted within 7 days.
Then the company must be registered in the tax office in accordance with the place of residence, submitting the application form NIP-8 within 21 days from the moment of registration of the company in the National Court register. If there are changes in the company data, for example, a business address has changed or a new one has been added, new bank accounts or others have appeared, the NIP-8 must be submitted within 7 days. Usually PCC-3 and NIP-8 are filed together at the tax office.
Then it will be logical to remind about the registration form VAT-R, through which the company can be entered on the register of taxable persons for the purpose of tax on goods and services. Date of submission of the form VAT-R - at least one day before the start of the VAT-taxable activity. If the VAT-R form indicates exemption from VAT, the form must be submitted in the month preceding the exemption.
After the mandatory processes after the registration of the company, there are periodic declarations, payments and reports with which the entrepreneur will meet every month, every quarter or every year.
Cyclical declarations, social security contributions, and taxes
ZUS - until the 15th day of each month, payment of the insurance premiums and sending the declaration to the ZUS for the previous month.
PIT - until to the 20th day of each month, advance payment of corporate and personal income tax for the previous month.
VAT - until the 25th day of each month, JPK_V7M file or JPK_V7K - new jpk_vat file from October 2020, all active VAT taxpayers are required to submit, regardless of whether they have the status of micro, small, medium or large entrepreneur. Jpk_V7M is submitted by VAT taxpayers who have chosen monthly reports, and jpk_V7K - quarterly. Until the 25th day of each month the payment of VAT for the previous period is done.
Until JANUARY 31:
- (PIT) personal income tax returns, they should be submitted to the tax office before each year end of January. In 2021, January 31 falls on a Sunday, so the last day for submitting the declaration is February 1. This declarations should be submitted by the employer!
- a report before January 31 for the previous calendar year, if the organization is included in the register of organizations that carry out recruitment agencies. This obligation also applies to a situation where the Employment Agency's activity in the previous year was zero. Then the so-called "zero report" is compiled.
Until the last day of month: - transfer PIT-11 to employees of the company
Until March 31:
- CIT-8 - submit a declaration and pay tax on the income of legal entities.
- Preparation of annual financial statements: the financial statements must be prepared by March 31, approved in 3 months after signing, and sent to the KRS National Court Register in 15 days after approval.
It is worth noting that if the last day falls on a weekend, then it is rescheduled to the next working day. For example, if it is specified that January 31 is the last day for submitting the PIT to the tax service, and this is Sunday, then the last day is February 1. If the 25th day before which you need to submit VAT falls on a weekend, as for example in April 2021, then the last day will be on Monday – April 26.
It should be remembered that it may happen that the entrepreneur did not have time to submit a declaration or report on time. In order to avoid a fine, you can submit the so-called "czynny żal" - notifying the tax authority of the offense, which is mentioned above.
CHANGES IN THE NATIONAL COURT REGISTER
The validity of changes in a Polish limited liability company may be constitutive or declarative.
Therefore, when making changes to a limited liability company, we should know that some of them will only take effect from the moment they are entered into the KRS (constitutive entry), and some of them - from the moment they are announced (declarative entry).
Any changes to the articles of association require a constitutive record.
If we are talking about constitutional changes, they come into force only from the moment of entry into the KRS.
Examples of constitutive changes:
- change of the company's location (city)
- change of the company's name
- increase or decrease in the company's share capital
- changing the way the company is represented
- expansion of the activity (PKD)
Making changes to the KRS is declarative (confirmatory and formal) and does not actually depend on the publication of changes in the KRS. (Management board, sale of shares,)
Examples of declarative records:
- appointment and / or dismissal of the president of the management board, vice-president of the management board, members of the management board
- appointment and / or dismissal of a KRS attorney
- change of the company's address without changing the city of registration
- change of the existing SIC and / or 9 other SICs listed in the KRS, without changing the charter
- sale of shares in the company (change of partners)
In accordance with Article 22 of the KRS Law, an application for changes to the register must be submitted no later than within 7 days from the date of the event requiring an entry in the register.
Failure to comply with this deadline will not result in the change being effective. Delay can only lead to the initiation of compulsory proceedings and the imposition of a fine. The maximum period for submitting an application for changing the content of the charter is 6 months - after this date, the decision expires.
Do not forget that you must inform the tax service about changes in the city and address of the company's registration within 7 days from the date of entry into force of such changes.
Write to us if you have any additional questions on this topic!