New rules for issuing invoices

 Currently, Poland is working on the implementation of a new structured invoice system from October 2021, aimed at closing the loopholes at the polish tax system. It is planned to gradually introduce the state information system - the National System of e-Invoices (KSeF) – from October this year on a voluntary basis, and from 2023 – compulsory for all entrepreneurs. A similar system was launched in some other EU countries and is planned, for example, in France.

 How will the new structured invoice system work? They are called structured because of the special type and format that will allow to collect all the necessary data and transfer it to the database, to which the tax authorities will have access also. Before issuing an invoice, the trader must log in to the invoicing system (KSeF) using an electronic signature. The invoice issued by the authorized person must be additionally confirmed by the buyer by giving his consent to be issued in this system or by downloading an invoice. On the day the system assigns an identification number with date and time to the structured invoice, it will be considered both issued and received at the same time. This will be important from the point of view of VAT deduction, during the period of issuing the invoice there will be a right to deduct the tax. The entrepreneur will not have to prove the date of receipt of the invoice and link this date to the VAT deduction period.

Structured invoices will be drawn up (prepared) by the taxpayer in its own financial accounting system according to a template made available by the Ministry of Finance. Micro-enterprises will also have access to the “e-mikrofirma” web application, which will enable to issue and send structured invoices. After authentication in the system, the taxpayer will be able to view issued and received invoices, and also to download any invoice or package of invoices in XML format or convert them to PDF. In addition to the taxpayer, structured invoices will be able to be issued or accessed by other entities with the right of access to the KSeF. In addition, the possibility of issuing structured invoices on behalf of the taxpayer or access to such, for example, is given for an accounting office or a specific person.

Importantly, structured invoices will not be subject to the provisions governing the rules for issuing duplicate invoices, as it will not be possible to lose or damage an invoice issued through KSeF. Therefore, duplicates will no longer be needed in this case.

The structured invoice will reduce the waiting time for VAT refund, which is currently 60 days, to 40 days, fulfilling special conditions in total:

• the taxpayer should only issue invoices in the state e-invoicing system during the period covered by the VAT refund
• the taxpayer must be registered as an active VAT payer at least 12 months before the VAT refund period and submit the relevant declarations
• the taxpayer must have a settlement account at least 12 months before the VAT refund period
• the amount of tax accrued or the amount of tax difference not calculated in previous billing periods and shown in the return declaration in the analyzed period does not exceed PLN 3000.

The planned solution will allow the tax authorities to control entrepreneurs, and they will receive a faster refund of overpaid VAT.