Post by account_disabled on Mar 14, 2024 0:01:03 GMT -8
Consequences of the Award for Polish Taxpayers The arbitral tribunal therefore held that the right to correct the VAT base and the obligation to correct the deductible VAT amount do not depend on the maintenance of the taxpayer's status by the creditor or the debtor. Ultimately, the arbitral tribunal believed that the above-mentioned requirements for determining the possibility of bad debt relief under Polish law were too strict. The tribunal stated that Art. Article 1 of the Value Added Tax Law sets out the time criteria.
Accounts receivable are likely to be uncollectible after maturity, which is currently days. Secondly according to Art. Article 1 of the Value Added Tax Law stipulates that the creditor shall increase the tax base and the amount of VAT payable. This can be done if after applying bad debt relief he settles or sells the receivables. According to the Court of Justice of the AWB Directory European Union, these provisions constitute appropriate measures in themselves. It complies with the EU principle of proportionality. However, it is unacceptable to make the right of rectification under bad debt relief dependent on the debtor's situation. Especially in situations such as active registration.
For VAT purposes or insolvency proceedings. The tribunal therefore found that taxpayers may have ignored Polish provisions regarding formal conditions that were inconsistent with EU law. Taxpayers can also apply for VAT bad debt relief directly under EU law. Therefore according to the ruling Polish taxpayers will be entitled to claim relief in more cases than before. At the same time, the amount of sales VAT paid can be recovered if the entrepreneur has not received payment and there is no such right under Polish law.
Accounts receivable are likely to be uncollectible after maturity, which is currently days. Secondly according to Art. Article 1 of the Value Added Tax Law stipulates that the creditor shall increase the tax base and the amount of VAT payable. This can be done if after applying bad debt relief he settles or sells the receivables. According to the Court of Justice of the AWB Directory European Union, these provisions constitute appropriate measures in themselves. It complies with the EU principle of proportionality. However, it is unacceptable to make the right of rectification under bad debt relief dependent on the debtor's situation. Especially in situations such as active registration.
For VAT purposes or insolvency proceedings. The tribunal therefore found that taxpayers may have ignored Polish provisions regarding formal conditions that were inconsistent with EU law. Taxpayers can also apply for VAT bad debt relief directly under EU law. Therefore according to the ruling Polish taxpayers will be entitled to claim relief in more cases than before. At the same time, the amount of sales VAT paid can be recovered if the entrepreneur has not received payment and there is no such right under Polish law.