A possibility has emerged to extend the period in which the taxpayer may deduct VAT.
Due to the imprecise wording of the provisions in force since January 2014, some doubts appeared as to whether the two subsequent periods in which the buyer has a right to deduct VAT should be counted:
- from the emergence of the tax obligation for the seller, or
- from the receipt of the invoice by the purchaser.
In recent individual tax rulings, the tax authorities have stated that if the taxpayer fails to deduct VAT in the declaration for the month of the invoice receipt, the taxpayer will be authorised to deduct VAT in the declaration for one of two subsequent settlement periods.
The aforesaid position allows to avoid troublesome and costly corrections of declarations in the case of invoices received late from contractors.
However, one needs to keep in mind that the protective powers of individual tax rulings apply only to companies at the request of which those were issued.
If you are interested in details of the issue in question, do not hesitate to contact us.
Kontakt: Maciej Górski Tax Advisor Maciej.Górski@accace.com +48 223 132 950