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KSeF. A revolution for entrepreneurs. Huge interest in project consultations

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Consultation meetings regarding the National e-Invoice System (KSeF) have been completed. The Ministry of Finance wants to present a draft of new regulations on this matter in the second half of March – reports “Rzeczpospolita”. The previous government assumed that the obligation to e-invoices would come into force from mid-2024, but everything indicates that the delay will be at least six months.

According to the applicable regulations, the National e-Invoice System was to become a mandatory method of issuing invoices in relations between entrepreneurs. From July 1, 2024, this obligation was to cover large companies, and from January 1, 2025, also small and medium-sized companies. Currently, KSeF is a voluntary system and is used by companies that want to prepare for the introduction of the obligation to invoice through KSeF.

After the change of power Ministry of Finance decided to postpone the date of entry into force of the mandatory National e-Invoice System (KSeF). – We detected critical errors – said Minister of Finance Andrzej Domański in January.

10,000 people participated in the consultations

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In a statement on Monday, the Ministry of Finance announced that it had completed the KSeF consultation meetings, which were attended by 10,000 people. people. The ministry announced that it is currently analyzing the comments submitted by the consultation participants and “in the second half of March it will present a draft of legislative solutions for further consultation.”

– Our goal is to complete the consultation process by the end of April. This would allow us to complete legislative issues by the end of June – said Tomasz Tratkiewicz, director of the Department of Taxes on Goods and Services at the Ministry of Finance, quoted in the Ministry of Finance’s announcement.

Revolution for entrepreneurs – when is KSeF?

The launch date of the mandatory e-invoice system has not yet been announced (the voluntary one is already operational). During consultations, Ministry of Finance officials indicated a possible start from January 1 or July 1, 2025.

– Perhaps a good start date would be April 1 or even autumn 2025, when accounting departments are not burdened with work on annual summaries – noted tax advisor Iwona Biernat-Baran, quoted by “Rzeczpospolita”.

Problems with the introduction of KSeF

“Another issue discussed during the consultations were transactions with foreign entities. The recipient of such invoices will not have access to the system if he does not have a permanent place of business in Poland. Therefore, he must receive the invoice locally. And since VAT taxpayers from other EU countries have the right to a refund of the tax paid in Poland – the matter must be resolved somehow,” the newspaper said.

She added that “perhaps in such cases it will be possible to issue documents confirming the issuance of an invoice” because “they would not be invoices as such, although they would give the EU company the right to refund Polish VAT.”

“Another difficulty may concern invoices for consumers who are not VAT payers, especially in the case of suppliers of goods and services on a mass scale: telecommunications, energy or sales platforms. It was postulated to introduce optionality in this respect, i.e. a rule for the supplier to decide whether issues a B2C invoice in the system or outside it. These and other issues should be included in the regulations regarding the operation of KSeF,” wrote “Rz”.

It was also reported that “during KSeF consultations, representatives of the Ministry of Finance clearly indicated that the technical conditions for using the system and the structure of e-invoices will not change.”

Information campaign

“The Ministry of Finance also announces a broad information campaign regarding KSeF. According to Iwona Biernat-Baran, taxpayers’ awareness is currently quite poor,” the daily wrote.

– The questions asked by some consultation participants showed poor knowledge of these issues. Yet we have been discussing them among experts for several years, said an expert quoted by “Rzeczpospolita”.

According to Biernat-Baran, “this proves the need to train officials who will be responsible for the implementation of KSeF in the tax administration and then pass on their knowledge to taxpayers.”

Main photo source: Shutterstock

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