Pursuant to Article 13a of the Polish Act on Counteracting Excessive Delays in Commercial Transactions, certain taxpayers are obliged to submit a report on the payment deadlines used by these entities in the previous calendar year in commercial transactions by 30 April this year.
The report should include:
- company name and tax identification number;
- the value of cash benefits received in the previous calendar year within the time limit specified in the agreement;
- the value of cash benefits provided in the previous calendar year within the time limit specified in the agreement;
- the value of cash benefits not received in the previous calendar year within the deadline specified in the agreement, in the case of which this deadline was exceeded by:
- no more than 5 days,
- 6 to 30 days,
- 31 to 60 days,
- 61 to 120 days,
- more than 120 days;
- the value of cash benefits not paid in the previous calendar year within the deadline specified in the agreement, in the case of which this deadline was exceeded by:
- no more than 5 days,
- 6 to 30 days,
- 31 to 60 days,
- 61 to 120 days,
- more than 120 days;
- the percentage share of cash benefits not paid in the previous calendar year by the date specified in the agreement (within the given time periods) in the total value of cash benefits that the entity was obliged to pay in the previous year;
- the percentage share of cash benefits not received in the previous calendar year on the date specified in the agreement (within the given time periods) in the total value of cash benefits due to the entity in the previous year.
The following entities are considered to be taxpayers obliged to submit the said report:
- whose revenue in the tax year that ended in the calendar year preceding the year in which the individual taxpayers’ data were made public exceeded the equivalent of EUR 50 million
- which were included in a special list (link: Individual data of CIT taxpayers – Ministry of Finance – Portal Gov.pl) by 30 September of the year for which the report is submitted.
The value of EUR 50 million is converted into PLN at the average EUR exchange rate announced by the National Bank of Poland on the last business day of the calendar year preceding the year in which individual taxpayers’ data are made public.
The report should be submitted only electronically, via the biznes.gov.pl website (link: https://www.biznes.gov.pl/pl/portal/ou125)
Importantly, the report does not take into account:
- commercial transactions concluded in the field of insurance and reinsurance;
- commercial transactions to which the sole parties are entities belonging to the same capital group;
- for which the limitation period has expired.
The managers of the entities that are obliged to submit the report, i.e. generally the members of the management board, are responsible for submitting the report on time.
The report reports data on cash benefits related to commercial transactions. These terms are defined by the Act as follows:
- commercial transaction – an agreement the subject of which is the paid supply of goods or the provision of services with a party referred to in Article 2 of the Act, i.e. generally domestic entrepreneurs and entrepreneurs from the Member States of the European Union, Member States of the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area or the Swiss Confederation;
- monetary benefits – remuneration for the delivery of goods or performance of a service in a commercial transaction.
Therefore, the following are not included in the financial statements:
- benefits related to commercial transactions with entities outside the EU, EFTA, EEA;
- commercial transactions to which the sole parties are entities belonging to the same capital group (for example, transactions with counterparties from the United Kingdom should not be reported);
- between branches of the same company and transactions between a company and its branch.
