Monitor Podatkowy

no. 6/2019

Analysis of changes in regulations regarding right of community within the scope of VAT taxation

DOI: 10.32027/MOPOD.19.6.3
Wojciech Maruchin
Autor jest doktorem nauk prawnych, adiunktem w Akademii Ekonomiczno-Humanistycznej w Warszawie i doradcą podatkowym, prowadzi swoją działalność pod firmą Dr Wojciech Maruchin Kancelaria Doradztwa Podatkowego.
Abstract

An EU employer implements new law regulations in stages in regard to the directive 2006/112/EC while modifying current rules on VAT taxation. The first stage requires necessary changes of regulations regarding supply of telecommunication, broadcasting, radio, television services and e-services, and services supplied on behalf of persons who are not taxpayers. It has been decided that invoicing should comply with current regulations of a member state, in which suppliers or providers are bound with a special scheme.

Separate group of new law regulations regards taxpayers who use electronic interface in order to sell cross-border imported goods from third party territories or countries in deliveries of total value no more than 150 EUR.

At the next stage the Polish lawmaker is obligated to implement rules regarding procedures connected with telecommunication services, broadcasting services or electronic services supplied by taxpayers who:

a. do not have a place of business on the territory of the Community

b. have a place of business on the territory of the Community but do not have a place of business in a member state.

In the process of harmonization of the Polish tax law with EU law, the new rules regarding procedures connected with cross-border sale of imported goods from third party territories or countries are also crucial.