Does the company supplying e-services need to register to VAT in Poland

There is no denying that every entrepreneur wants to reach as many buyers as possible. This is the reason why many of them decide to provide e-services. Thanks to that they sell their goods and services on foreign markets. This raises the question of whether you should register as a VAT payer in Poland. The sale of electronic goods or services to individuals from another EU country involves a number of tax obligations. From 1 July 2021, with the so-called VAT e-commerce package, regulations simplifying these settlements came into force. Read our article and we will certainly brighten up your Vat in Poland.

What is VAT OSS?

VAT OSS (One Stop Shop) is a VAT settlement prcedure that replaced the previous one – VAT MOSS (Mini One Stop Shop). As we have already written in the introduction on 1st July 2021 new regulations came into force. The previous VAT MOSS procedure, which concerned the sale to individuals from another EU country of electronic, broadcasting and telecommunication services (so-called TBE services), has been extended to include the sale of goods by mail order to these entities (so-called WSTO), creating the EU VAT OSS procedure.

The EU VAT OSS procedure can be used by both active VAT taxpayers and non VAT taxpayers. VAT OSS registration does not interfere in any way with VAT-EU registration. It also does not result in losing the right to VAT exemption, due to the fact that sales settled under VAT OSS are not taken into consideration when verifying sales limits for VAT exemption.

VAT OSS – when is it worth using?

Every entrepreneur should remember that registration for VAT OSS is fully voluntary and depends on the decision of the seller. When making mail order sales of goods or providing services to private individuals from another EU country, they must keep an eye on the sales limit.

What is the sales limit?

The limit for sales to private persons from another EU country under the VAT OSS procedure is EUR 10,000. In case of Polish sellers, converted into PLN, the limit amounts to 42 000 PLN. Until the sales limit is exceeded, Polish entrepreneurs tax their transactions as domestic sales – applying the Polish VAT rate. After exceeding the sales limit, they are obliged to tax the transaction at the VAT returns applicable to the buyers country. Until the implementation of new regulations, which took place until 1 July 2021, after exceeding the limit of mail order sales in a given EU country, Polish taxpayers had no choice and were obliged to register for VAT in the country of exceeding the limit. This involved not only the registration obligation, but also the obligation to keep records and reports, i.e. accounting for VAT in another EU country. At that time, it was necessary to use the services of accounting offices that specialized in the knowledge of tax laws of other countries, which entailed additional costs.

To sum up, the VAT OSS procedure simplifies the settlement process, because once the limit of mail order sales in the EU has been exceeded, the seller can still settle the VAT with the Polishtax.com.