Obligation to submit a report on payment dates applied in commercial transactions for 2020

Due to the amendment of the Act of 8th March 2013 on preventing excessive delays in commercial transactions, certain groups of entrepreneurs are obliged to submit a report on payment dates applied in commercial transactions for the previous year until 31.01.2021.

Who is obliged to report on payment dates in commercial transactions?

The above obligation applies to:

• Tax capital groups, regardless of the revenue earned;
• Real estate companies, regardless of the revenue earned;
• CIT taxpayers, other than tax capital groups, whose revenue in the tax year exceeded the equivalent of EUR 50 million, according to the average exchange rate of the euro announced by the National Bank of Poland on the last business day of the calendar year.

Who provides the information for the report?

The following persons are obliged to submit a report:

• a member or members of the management board or other managing body;
• in the case of a limited joint-stock partnership: the general partner or general partners managing the company’s affairs;
• in the case of companies forming a tax capital group: the managers of each of those companies.

What information should the report contain?

The report should contain:

1. The value of payments:
   • Received from the date of issue of an invoice or a receipt, confirming that a delivery was made, or a service was rendered;
   • Made from the date of issue of an invoice or a receipt, confirming that a delivery was made, or a service was rendered;

   within a period:

   1. not exceeding 30 days;
   2. from 31 to 60 days;
   3. from 61 to 120 days;
   4. exceeding 120 days.

   The above data should be referred to the date of issue of an invoice.

2. The value of payments not received in the previous calendar year by the date specified in the contract and its percentage share in the total value of payments due to this entity in that year.
3. The value of payments not made in the previous calendar year by the date specified in the contract and its percentage share in the total value of payments due to this entity in that year.

How to submit the report?

The report must be submitted via electronic form available at:

https://www.biznes.gov.pl/pl/e-uslugi/00_0125_00

In order to draw up and send the report, an ePUAP trusted profile or a qualified electronic signature is required.

Consequences of failure to comply with this obligation

Failure to submit the report on time is an offence punishable by a fine.

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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