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The Importance of Permanent Establishment in Poland for Foreign Entrepreneurs and Their Counterparties

  • Having a permanent establishment (FE) in Poland results in obligations in KSeF for foreign entrepreneurs and their contractors
  • The issue of FE has significant tax implications for both foreign entrepreneurs and their Polish contractors
  • Failure to issue invoices in KSeF can result in financial penalties for the seller
  • Buyers should be cautious when receiving invoices outside of KSeF, as tax authorities may challenge their right to deduct VAT
  • Determining whether a foreign entrepreneur’s activities in Poland constitute FE requires individual analysis and often confirmation through individual interpretation
  • Polish taxpayers should obtain statements from foreign contractors regarding the presence of FE in Poland and ensure appropriate contractual clauses
  • It is essential to determine the correct method of taxation for services and goods, as well as whether invoices should be issued through KSeF or another agreed-upon method.

Source: crido.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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