The Sejm adopted an amendment to the VAT Act: KSEF mandatory from July 1, 2024. Will the implementation budget be treated as research and development expenditure?

During the Friday session of the Sejm, an amendment to the VAT Act was passed, containing provisions on the National System of e-Invoices. It will allow for the introduction of a uniform e-invoice standard to seal the VAT system, accelerate the digitization of enterprises and facilitate communication between entrepreneurs. The obligation to use e-invoices in companies, as previously announced, will come into force on July 1, 2024. From the beginning of last year, the use of the system has been voluntary.

The National e-Invoices System is a central register kept by state tax institutions. From July next year, entrepreneurs will be obliged to send electronic invoices to it. Before submitting the document to the Senate, the Sejm adopted the amendment to the act.

In response to the emerging doubts regarding the procedure in the event of a failure or unavailability of the system, it was decided to develop rules for such an event. In such a case, entrepreneurs may issue invoices outside the KSeF. Among them is the failure period, which will be determined by the publication of messages regarding its start and end. There was also the possibility of re-announcement.

Documents sent to KSeF will be stored in the system for ten years from the end of the year they were issued.

One of the significant amendments concerned the classification of implementation costs in KSeF service companies as expenses for research and development, which would allow the application of tax relief of up to 200 percent of incurred costs. This would be excellent information for entrepreneurs who are afraid of the impact of the implementation of the system on the finances of companies and hope that such a change will be adopted despite the unfavorable position of the Public Finance Committee in the final legal act.

Due to the expiry of the transition period, from 2025, it will not be possible to issue invoices using cash registers. A receipt up to PLN 450 with a NIP number will not be an invoice. However, exceptions, such as motorway tickets, are provided in this case.

The Friday session of the Sejm, during which the amendment concerning the KSeF was adopted, showed the government’s consensus on whether the e-invoice system itself is needed and expected. Sending the work to the Senate should also be a warning bell for entrepreneurs counting on a delay in work or a new date for the mandatory validity of the act. This is the last moment to start work on the implementation in companies that intend to operate safely and comfortably under the new rules from July 2024 – says Michał Sosnowski, KSeF Exorigo-Upos Expert.

In addition to modernizing and tightening the VAT system, KSeF is, above all, another significant step in digitizing Polish enterprises. It also brings many measurable benefits: settlement simplifications will speed up VAT refunds. It is estimated that this period will be shortened from 60 to 40 days. The National e-Invoice System will also allow entrepreneurs to reduce their costs. This will be achieved thanks to the uniform format of the structured invoice and the indisputability of issuing the invoice in KSeF, which will be carried out in real-time.

Taxpayers who do not have their registered office or place of business in Poland may opt for the optional use of the KSeF, as they have not been subject to the obligation of mandatory implementation.

The project was subject to consultations with businesses, during which the previously planned obligation to e-invoicing consumer sales was abandoned, and financial penalties were mitigated.

Bartosz Zbaraszczuk, Deputy Minister of Finance and head of KAS, predicts that thanks to KSeF, budget revenues will increase by PLN 10 billion over ten years, and the system will handle up to 2.5 billion structured invoices a year.

We invite you to contact us and start work on implementing KSeF as soon as possible. We are here to help you with this.