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PIT-11 and PESEL number. “Tax embarrassment of the year. The Ministry of Finance knows the matter and does nothing”

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Payers cannot fulfill the obligation to send PIT-11 without bending the law. The Ministry of Finance knows the matter and does nothing – these are the words Małgorzata Samborska, a tax advisor and partner at Grant Thornton, had to face in such words. A gigantic problem arose when the employer had to submit PIT-11 for an employed foreigner. The Ministry of Finance is of the opinion that without a PESEL number, don’t move, and not every foreigner in Poland has it. According to “Dziennik Gazeta Prawna”, entrepreneurs have found a solution, but it may be a source of further problems.

Entrepreneurs had until the end of January to send PIT-11 to tax offices. The declaration contains information about the income earned by the employee in a given company in the past year. While in the case of Polish citizens, no one should have a problem with this, it appears in the case of foreigners, because not every foreigner has a Polish PESEL number. Meanwhile, it is necessary for the employer to electronically send PIT-11 to the tax office.

PIT-11 and PESEL number

As “DGP” notes, last year entrepreneurs could send an application by entering a string of the same digits instead of the PESEL number. However, this year it is no longer possible, as it reminded in a special announcement Ministry of Finance.

Some have started using PESEL number generators that can be found online. They are easy to use and entrepreneurs who did not see any other solution sent applications to the tax office with the number generated in this way. The thing is that hypothetically it could be a number that identifies another citizen.

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“Tax embarrassment of the year. PIT-11 must be sent electronically and the employee’s PESEL must be entered. Otherwise, it will not pass. But not everyone has a PESEL (especially Ukrainians). Payers cannot fulfill the obligation without bending the law. The Ministry of Finance knows the matter and does nothing,” she wrote in the comment Małgorzata Samborska, tax advisor and partner at Grant Thornton.

Loophole in tax regulations

As “DGP” reminds, using someone else’s PESEL number is punishable by law. For providing information “inconsistent with the facts” there is a penalty of up to 240 daily rates, which in theory is even PLN 11 million.

Some experts advise entrepreneurs to submit PIT-11 in paper form. Even though they have not been accepted since 2018. However, sending a document in this way, together with the so-called cover letter, will allow you to avoid the penalty for failure to comply with the obligations in the form of failure to submit PIT-11 on time.

Michał Rodak from Grant Thornton notes that there would be no problem if it weren’t for bad regulations. The entrepreneur may be punished for not submitting PIT-11 on time, but at the same time, according to the law, he cannot demand that his employee provide him with the PESEL number, without which he cannot do it.

Ukrainians employed in Poland

On Monday, at the Chancellery of the Prime Minister, the Warsaw Conference “Permanent Working Review Conference on Support for UkraineDuring one of the panels, the head of the Ministry of Family and Social Policy spoke.

Marlena Maląg informed that after February 24 (aggression Russia to Ukraine) the structure of employment of Ukrainian citizens has changed – over 70 percent arrived in Poland are women with children. She also reported that nearly 900,000 refugees from this country took up employment, e.g. in the hotel industry, gastronomy and services.

TVN24 Biznes, “Dziennik Gazeta Prawna”

Main photo source: Shutterstock

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