IC&Partners Poland S.A. - News 03-2023
Newsletter March 2023


Newsletter IC&PARTNERS POLAND – 2023-03
info@icpartnerspoland.pl



Inflation rate February 2023
Prices of consumer goods and services in February 2023 increased year-on-year by 18.4 % and compared to January 2023 they increased by 1.2 % as reported by the Central Statistical Office – GUS.

New cash payment limits from 01/01/2024 
The new cash payment limits will be introduced a year later than originally planned: from January 2024. The cash payment limit for entrepreneurs and natural persons will change. From January 2024, this limit will be reduced to PLN 8,000 for entrepreneurs and PLN 20,000 for consumers.

VAT warehouses - simplification of VAT settlement and collection in tax consultations 
Public consultations related to the “VAT warehouse” are underway. EU law allows Member States to introduce solutions consisting in the VAT exemption of certain transactions related to international trade in goods. Exemptions may include delivery of goods to bonded warehouses, non-customs warehouses and free zones. Poland has so far implemented some of the solutions allowed in this respect by the VAT Directive. However, as the experience of other EU Member States shows, the procedure of a non-customs warehousing (so-called "VAT warehouse") referred to in Art. 154 - 163 of the VAT Directive, can be an investment incentive for businesses. The composition of VAT may significantly simplify the settlement and collection of VAT, especially in the case of entities operating in the field of international trade in goods.

Additional days off for employees from April 2023
In connection with the amendments to the Labor Code passed by the Sejm, employees will soon be able to take advantage of additional days off. A new carer's leave and leave due to force majeure will come into force in the Labor Code. The annual number of days off for employees will increase in some cases to as much as 35 days a year.

The “mObywatel” application is a new digital identity document 
The Sejm adopted an act regulating the rules of using the mObywatel service. Thanks to this, the ID card in the smartphone has become as important as the plastic one. An electronic document will be universally accepted in offices, banks and in any place where an identity document must be shown. Soon it will also be possible to use the mObywatel application as a second factor for authenticating a trusted profile. A digital identity document cannot be used when crossing the border of the country (here it will still be required to present a traditional ID card or a passport) and when applying for an ID card.

Changes regarding the elements of the employment contract and information obligations 
The amendment of February 8 introduced the requirement of new elements that must be included in the employment contract. As before, the employment contract is to specify:

- parties to the contract, 
- type of contract, 
- the date of its conclusion and working pay conditions (in particular: type of work, place or places of work, remuneration for work corresponding to the type of work, with an indication of the components of remuneration; working time; day of commencement of work)

In addition, the employment contract should specify the address of the employer's registered office, and in the case of an employer who is a natural person without a registered office - his address of residence. If the employer changes the address of the registered office, and in the case of a natural person without a registered office - the address of residence, he will be obliged to inform the employee of the change of address. The employer will have no more than 7 days from the date of change of address to provide such information.

In the case of an employment contract for a trial period, the contract must also specify:

- its duration or end date and- if the parties so agree
- a decision to extend the contract for the time of leave, as well as for the time of other justified absence of the employee from work, if such absences occur; 
- the period for which the parties intend to conclude a fixed-term employment contract after the expiry of the trial-term contract, if the fixed-term employment contract is to be concluded for a period shorter than 12 months, as well as the provision to extend the contract once, no more however, than by 1 month, if it is justified by the type of work.

A fixed-term employment contract will also have to specify:

- its duration or
- the date of its completion. 

In the case of concluding a fixed-term employment contract in order to:

- replacement of the employee during his justified absence from work, 
- performing casual or seasonal work, 
- performing work for the term of office, or where the employer indicates objective reasons attributable to him, the contract shall specify that purpose or the circumstances of the case by including information on the objective reasons justifying the conclusion of such a contract. This applies to situations where the employment contract is concluded for a definite period of time and the total period of employment under fixed-term employment contracts concluded between the same parties to the employment relationship exceeds 33 months or the total number of these contracts exceeds three.

The amendment of February 8 introduces significant changes regarding the information obligations that the employer has towards employees. They should be informed at least about:

 - the applicable daily and weekly working time standard for the employee,

- the employee's daily and weekly working time, 
- breaks at work to which the employee is entitled, 
- daily and weekly rest to which the employee is entitled, 
- rules on overtime work and compensation for it, 
- in the case of shift work - the rules for shifting from shift to shift, 
- in the case of several places of work
- the rules for moving between places of work, 
- components of remuneration and benefits in cash or in kind other than those agreed in the employment contract,- the amount of paid leave to which the employee is entitled, in particular holiday leave or, if it is not possible to determine it on the date of providing the employee with this information, about the rules for its determination and granting, 
- applicable rules for termination of employment, including formal requirements, the length of notice periods and the date of appeal to the labor court or, if it is not possible to determine the length of notice periods on the date of providing the employee with this information, the method of determining such notice periods,- the employee's right to training, if the employer provides it, in particular about the general principles of the employer's training policy, 
- a collective labor agreement or other collective agreement to which the employee is covered, and in the case of concluding a collective agreement outside the workplace by joint bodies or institutions - the name of such bodies or institutions,- in the event that the employer has not established work regulations
- the date, place, time and frequency of payment of remuneration for work, night time and the method adopted by the employer for employees to confirm their arrival and presence at work and to justify absence from work.

Information obligations of real estate companies
By the end of March 2023, real estate companies (with a tax year corresponding to the calendar year) and some partners of such companies are required to provide information on the shareholding structure. The very definition of real estate companies was introduced by the legislator last year. In simple terms, a real estate company is an entity that directly or indirectly owns real estate located in Poland with a value exceeding PLN 10 million (market value), where such real estate directly or indirectly accounts for at least 50% of assets and whose revenues from such real estate and real estate is at least 60%. Real estate companies and taxpayers holding, directly or indirectly, shares (shares) in a real estate company giving at least 5% of the voting rights in the company are obliged to transfer to the Head of the National Revenue Administration by the end of the third month after the end of the tax year of the real estate company (i.e. in the case of when the financial year is equal to the calendar year, the deadline falls on March 31) information about its shareholders. Shareholder data includes: name, address, foreign or Polish tax number, number and percentage of shares held in the real estate company. In order to complete the forms, foreign entities must have a Polish NIP or PESEL number and a qualified signature.

Polish family foundation 
A family foundation is a new legal entity in Poland, modeled on similar entities that have been operating in Europe for a long time. The Foundation will enable Polish entrepreneurs to secure the integrity of the company and its effective succession, while taking care of the interests of family members. Having a family foundation, in addition to securing assets, brings tax benefits.

- As in the "Estonian" company, you do not have to pay CIT, but only in the scope of activities that it has the right to conduct (the activities of a family foundation have been limited and enumerated).

- In a specific situation, the beneficiary of the closest degree of kinship will pay only 15 percent. tax on benefits received from the foundation. these revenues as revenues from other sources, unrelated to work, are not subject to social and health insurance contributions. 15 percent is the total tax on income from the family foundation.

- The family foundation will not tax dividends and other capital gains received from companies of which it will be the owner or shareholder.

CIT-8 until the end of June 2023 
As previously announced by the Ministry of Finance, this year the deadline for settling corporate income tax, i.e. submitting the CIT-8 declaration, has been postponed. It can be submitted until June 30, 2023.





IC&Partners Poland S.A. 
Plac Powstańców Warszawy 2a
00-030 Warszawa
Tel:     +48 22 828 39 49
Fax:    +48 22 827 78 91
info@icpartnerspoland.pl  

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