24 September 2021

SLIM VAT 2 – regulations in force from September, 2021

The long-awaited package of changes called SLIM VAT 2 was published on September 7th, 2021. The amendment is unusual because the entry into force of its individual provisions has been spread over time.

Taxpayers who make settlements for the import of goods (simplified VAT procedure) and intra-Community import of services should read the content of the Act as soon as possible. The provisions relating to these areas became the legal principle already on the day following the publication of the amendment, i.e. from September 7th, 2021. The remaining, most important part of the SLIM VAT 2 regulation will enter into force on October 1st, 2021, or January 1st, 2022.

SLIM VAT 2 is the next edition of the package of changes aimed at harmonizing the regulations related to VAT settlement in Poland. The amendment was made, among others in response to the rulings of the Court of Justice of the European Union (C-335/19 and C-895/19), which showed inconsistencies of Polish law with EU regulations.

Changes effective from September 7th, 2021

The provisions that come into force shortly after the amendment is issued cover only a limited scope

1. Possibility to correct the VAT declaration in the JPK_V7 file, this only applies to settlements for the import of goods. The VAT taxpayer will receive 4 months (after the month in which the declaration was to be made) to submit such a correction.
2. Settlement within the intra-community acquisition of goods (in Poland abbreviated as WNT) – the condition for settling the output tax and input VAT will expire, which states that the output VAT and related invoices must be shown within 3 months (counting from the end of the month in which the liability arose).
3. The mechanism analogous to that presented in point 2 is due to the amendment of SLIM VAT 2 in the domain of input and output tax on the import of services and the supply of goods. Regardless of the date of the receipt of the invoice, the taxpayer will be able to show the VAT due and the VAT charged in the same calendar month.

SLIM VAT 2 – legal basis

The Act of August 11th, 2021, amending the Act on Tax on Goods and Services and the Act – Banking Law (Journal of Laws of 2021, item 1626), published in the Journal of Laws on September 6th, 2021.