Changes to JPK_V7 markings as of 1 July
Taxpayers will no longer be obliged to mark the transactions covered by the mandatory split payment mechanism. Instead, new symbols will appear in connection with the entry into force of the e-commerce package and the existing ones will be modified.
The Ministry of Finance originally planned to introduce an obligation to mark all transactions paid in the split-payment mechanism with the MPP (SP) symbol – even if a transaction was not subject to the obligation of payment in this mechanism, and a taxpayer used it voluntarily. This idea, however, was criticized by the expert community. In the new version of the draft amendment to the regulation on the detailed scope of data contained in the tax declarations and records concerning goods and services tax, the requirement to use the MPP symbol has been lifted entirely.
However, it is still necessary to mark the sales transactions in the submitted records with appropriate GTU codes. In practice, it is on the basis of these markings that the tax administration know about the sales of goods and services carried out by the taxpayer that were previously covered by the MPP (SP) mark. The draft regulation provides for certain ordering and clarifying changes in this respect. Therefore, it is worthwhile to review the transactions performed in terms of correctness of reporting.
Some of the proposed changes result from the VAT e-commerce package passed by the Sejm (the lower house of the Polish parliament), i.e. a large-scale amendment to the Goods and Services Tax Act aimed at tightening VAT in international e-commerce. As a result, the marking for sale by mail order from the territory of the country (SW) and provision of telecommunication, broadcasting and electronic services to consumers (EE) will disappear.
They will be replaced by the WSTO_EE mark, which will cover the new procedure for intra-Community distance selling and the above-mentioned telecommunication, broadcasting and electronic services provided to consumers from other Member States.
On the other hand, online sales platforms selling low-value goods (up to €150) from third-party countries, which will become responsible for collecting VAT as of July 1, 2021, but will not benefit from the special procedures, will be obliged to mark their sales with the IED symbol.
The regulation imposes a new obligation on creditors using the bad-debt relief. In order to verify the correctness of exercising this right, they will be required to indicate the due payment date specified in the agreement or invoice. On the other hand, if the debt is settled or sold, it will be necessary to indicate the payment date when increasing the output tax.
The amendment to the regulation also regulates the issue of marking in the purchase records the adjustments reducing the amount of input tax where the taxpayer has not received an in-minus correcting invoice from the other party. As a consequence of the SLIM VAT package coming into force, the purchaser is obliged to reduce the input tax in the settlement for the period in which the conditions for the reduction were agreed with the seller, if these conditions were met before the end of this period. Thus, the purchaser is obliged to reduce the input tax deducted earlier even if he has not received a correcting invoice from the seller. In this case the amendment provides for a reduction in input tax to be shown in the records on the grounds of an internal document marked ‘WEW’.
For the most part, the regulation is scheduled to enter into force on July 1, 2021, with the existing regulations still to apply to the returns for June 2021 (to be submitted by July 26, 2021).
Wojciech Jasiński, Tax Consultant, ATA Tax Sp. z o.o.
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