National System of e-Invoices

From October 1, 2021, taxpayers will be able to issue electronic VAT invoices in a structured format, which will be sent to the National System of e-Invoices (the so-called KSeF). According to the announcements, the use of the system will be voluntary by the end of 2022.

The use of structured invoices will require the acceptance of the recipient of such an invoice, e.g. by accepting a relevant message in the e-Mikrofirma application or simply downloading invoices from the system via API (a set of rules that strictly describe how the programs or sub-programs communicate with each other). After sending the invoice, the Polish Financial Supervision Authority will assign a number identifying the invoice in the system with a date and time stamp. On the day of assigning an invoice structured by the system with a number identifying that invoice, it will be considered issued and received at the same time. Structured invoices will be prepared (prepared) by the taxpayer in local or cloud-based financial and accounting systems according to the template provided by the minister responsible for public finances. Each taxpayer, via an individual account in the e-invoice system, will be able to issue an invoice using the template available on the electronic platform of public administration services.

The aim of the National System of e-Invoices is to increase the control of the correctness of VAT settlement by ongoing monitoring of invoice turnover, which is to contribute to increasing the state budget revenues from VAT collection at each stage of goods and services turnover. Unfortunately, adapting accounting systems to new tasks related to the handling of structured invoices will certainly require a lot of time.

In order to encourage taxpayers to voluntarily take advantage of the new system, the Ministry of Finance plans to introduce an incentive system consisting of:

1) Shorter 40-day period for VAT refund;

2) Releasing taxpayers from the obligation to send the JPK_FA structure at the request of tax authorities with regard to invoices issued in a structured format;

3) Exemption from the currently applicable requirements regarding the settlement of “in minus” correction invoices.

Unfortunately, at the moment it seems that the tax authorities will be the greatest beneficiary of the changes, and the proposed incentives will not significantly facilitate business operations.