Every Polish company should check the VAT status of its counterparties. VAT Act amendment has created tools enabling the authorities to remove taxpayers from the register without notification. Tax authorities exercise this right annually in relation to tens of thousands of entities. It is worth checking if it is not the case with your counterparties.

Limit the risks associated with the provisions on the liability of collective entities.

COMPEHENSIVE

Verify your counterparties based on all the available information

 One place for all the information allowing the verification of counterparties in the context of disclosure obligations under the provisions of tax laws, including VAT, CIT / PIT and the Tax Code (MDR).
  Verification of bank accounts and current contractor statuses
  Counterparty details imported based on the provided NIP numbers.
 Automatic multiple verification of counterparties’ VAT status and verification of EU VAT numbers in VIES.
 Data import from Excel or JPK.
 Automatic removal of double entries.
 Unlimited number of verified counterparties.
  Quick and simple verification.
 Generating a report with the current counterparty status, the date of receiving the request and a unique consultation number for VIES purposes
      (the report constitutes the evidence of taxpayer’s verification of a counterparty for VAT purposes).

As of September 1, 2019, there is one list of VAT payers kept by the Head of the National Tax Administration. The List is a collection of data that is important for the verification of contractors, transaction security and due diligence in business. There are, among others information on registration, de-registration and VAT status, as well as bank account numbers of entrepreneurs.

Since January 1, 2020, taxpayers will be required to pay for invoices exceeding PLN 15,000 to the bank accounts listed in the VAT List, if the invoice issuer is an active VAT taxpayer. The accounts that are on the List are downloaded from the National Tax Administration databases. These are the numbers of settlement accounts or personal accounts in SKOK opened in connection with business operations, which the entrepreneur provides when establishing a company at the tax office (in the case of a company registered in the National Court Register) or via CEIDG (in the case of a sole proprietorship).

Payment to the account not reported in the List will result in sanctions, including the right to classify the expense as tax non-deductible, as well as joint and several liability for the seller’s VAT arrears.

In addition, the VAT Act regulates the right to refuse the registration of an active taxpayer and the extension of circumstances for the removal of active VAT taxpayers from the register. The practice shows that tax authorities do not notify taxpayers that they no longer have an active VAT taxpayer status. In this case, the entity concerned, unaware of the above fact will continue to issue VAT invoices; and tax settlement risks on both sides of the translations is significantly increased. The practice of Polish tax authorities indicates that the obligation to verify VAT status lies within a business entity.

What is more, an unclear ownership structure constitutes one of the elements of a tax scheme that is subject to reporting obligation. VATchecker.pl aggregates in one place all the information enabling the verification of counterparties in the context of disclosure obligations under the provisions of MDR.

Under VAT Act and current practice of tax authorities, the verification of counterparty’s VAT status is important in the case of:

• input tax deduction (no right to deduct if the sale was documented with invoices issued by a non-existent entity);
• application of the so-called “bad debt relief”.

In the recent years we have observed an increased usage of VAT mechanisms to obtain unlawful benefits. Apparently reliable but careless companies may also fall victim to this illegal practice which may lead to tax authorities’ questioning their right to deduct input tax. 

Therefore, based on many years of our experience in tax advisory, and having in mind the security of tax settlements of our clients, we have come up with VATchecker.pl – a tool for an automatic verification of a current bank accounts, VAT and VAT UE status of your counterparty.

Our mission in TLS Tax Technology Sp. z o.o. is to develop technological tools for the support of business tax needs.

We have certified tax advisors with many years of experience gained in the largest tax consulting companies and renowned law firms in Poland. Our goal is to provide top tax consultancy and ensure a close cooperation with our clients. Personally we always focus on good relationships with others.

We are full of ideas on how to solve encountered issues. We are flexible and tailor our suggestions to particular situations and our clients’ needs.

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