25th March 2021
A new opportunity has arisen in relation to the recovery of interest on belatedly recognised imports of services and intra-Community acquisitions of goods in Poland.
On 18 March 2021, the Court of Justice of the European Union ruled that Polish regulations preventing simultaneous recognition of output and input VAT, without verifying the reasons for late reporting of intra-Community acquisitions of goods, are incompatible with the principles of tax neutrality and proportionality of the VAT Directive 2006/112/EC. The judgment is also applicable to belated reporting of import of services transactions.
Reimbursement of interest
In this context, the possibility of claiming the reimbursement of interest paid from 1 January 2017 up to now has emerged for taxpayers. In order to make a claim, taxpayers should:
- carry out the verification of historical VAT settlements, determining at the same time the amount of interest paid on belatedly reported intra-Community acquisitions and import of services transactions, along with any VAT sanctions (if any had been imposed) - in order to apply for a refund of the amounts paid
- determine whether in the near future (until the planned changes in the rules of settling intra-Community acquisitions of goods and import of services) the transactions of import of services and intra-Community acquisitions of goods are going to be settled simultaneously from the output and input tax perspective (on the grounds of the CJEU judgment) or in accordance with the still binding provisions of the VAT Act.
Due to the limited time for the corrections of settlements and applying for the refund of the overpayment MGI Worldwide member Arena Tax are able to support you in this matter.
About Arena Tax
Arena Tax recently became the first firm in Europe to transfer from CPAAI to MGI Worldwide Network membership.
Arena Tax has extensive experience in cooperation with foreign advisors and in providing services for international capital groups in the field of VAT, tax, accounting and global transfer pricing across Europe, Asia and North America. They are a trusted partner for international business and welcome members from any of our regions to get in touch.
Read their full story HERE.
For more information please contact Global VAT Specialist Group member Przemysław Roszkowski firstname.lastname@example.org
To find out more about Arena Tax, visit their member profile or their website.
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