The date of sale and the date of issuing the invoice as a PIT and VAT obligation

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Sale date and invoice date - how do they differ? This question often bothers entrepreneurs because it affects the moment when the tax obligation arises, both in terms of PIT and VAT. Let's check how to correctly issue an invoice. You will find the answer in the article!

Date of invoice

Pursuant to the provisions of the VAT Act (Article 106i (1)), the invoice should be issued no later than on the 15th day of the month following the provision of the service or delivery of the goods.

This principle also applies to:

  • issuing invoices to private persons who do not conduct business at their request (if the sale has been documented by a receipt),

  • advance invoices documenting receipt of all or part of the receivables.

Importantly, if more than one transaction was concluded with a given contractor during a month, it is possible for the entrepreneur to issue one collective invoice documenting all transactions concluded in a given month.

Example 1.

On June 17, Mr. Janusz sold roof tiles, while the client declared that he would like to receive a VAT invoice for the company. Mr. Janusz wonders when he should issue an invoice.

In a situation where the sale took place on June 17, the entrepreneur is obliged to issue a sales invoice by July 15 at the latest.

Issuing a VAT invoice - exceptions to the general rule

There are a number of exceptions to the general rule regarding the issue of invoices. The invoice should be issued no later than:

  • until the 90th day from the date of performing the activities - in the case of activities consisting in printing books - with the exception of maps, magazines, printed magazines and leaflets, with the exception of services to which art. 28b, constituting the import of services,

  • until the 60th day from the date of issue of goods with regard to the delivery of printed books, excluding maps, magazines, printed magazines and leaflets - in addition, if the contract provides for publishing returns, the invoice should be issued in such a case no later than by the 120th day from the date of the first issue goods,

  • until the 30th day from the date of performance of the service in relation to construction or construction and assembly services,

  • 7.day from the date of returning the packaging specified in the contract - if the buyer does not return the returnable packaging covered by the deposit, and if the contract does not specify the date of returning the packaging, the invoice will be issued no later than on the 60th day from the date of delivery of the packaging ;

  • upon the expiry of the payment deadline - in the case of:

    • supply of electricity, heat or cooling as well as line gas,

    • provision of telecommunications and radiocommunication services, rental, lease, leasing or services of a similar nature, personal protection and security services, supervision and storage of property, permanent legal and office services, distribution of electricity, heat or cooling as well as line gas,

    • with the exception of services to which Art. 28b of the Act, constituting the import of services.

Example 2.

Mr. Teodor is a book printing company. On January 1, he sold 200 books. By what date should Mr. Teodor issue a VAT invoice for the buyer?

The invoice should be issued within 90 days from the end of the sale, ie by 1 April at the latest.

Pre-sale invoice

In special situations, the legislator also provided for cases in which the invoice may be issued 30 days before the sale (Article 106i (7) of the VAT Act). Invoices cannot be issued earlier than the 30th day before:

  1. delivery of goods or performance of a service;

  2. receiving, prior to the delivery of goods or the performance of a service, all or part of the payment.

In a situation where the invoice contains information about the settlement period, it cannot be issued within that period, if it relates to:

  • services and supplies of goods for which consecutive payment terms are established (the so-called continuous services and supplies regulated by art.19a section 3 and section 4 of the VAT Act) leasing, rental, rental, security services, etc.,

  • utilities - Art. 19a paragraph. 5 point 4 of the VAT Act.

If the date of delivery of the goods or the provision of the service is not known at the time of issuing the invoice, there is no obligation to indicate it.

Date of sale on the invoice

As a rule, the date of sale should appear on the invoice. It is one of the elements required by Art. 106e of the VAT Act. The date of sale is the date of delivery of the goods or performance of the service. It is possible to interchangeably use the following on the invoice: date of sale or delivery date / service performance date.

In a situation where the invoice issue date is the same as the sale date, it does not need to be included in the invoice, it is in line with art. 106e paragraph. 1 point 6 of the VAT Act.

Confirmation of the above position can be found in the interpretation ITPP3 / 443-188 / 14 / AT, issued by the Director of the Tax Chamber in Bydgoszcz on June 26, 2014, where we read:

"The provision of Article 106e of the Act contains a catalog of information that should be included in the invoice. And, yes, pursuant to paragraph 1 point 6 of this article, the invoice should contain the date of completion or completion of the delivery of goods or service or the date of receipt of the payment referred to in Article 106b (1) (4), provided that such date is specified and differs from the invoice issue date. "

Example 3.

Mr. Emil sells office supplies. On June 15, the customer made purchases and asked for a VAT invoice. Should Mr. Emil include the date of sale on the invoice, if it is the same as the date of issue?

If the date of sale and issue of invoice are the same, there is no need to include the date of sale on the invoice. However, it should be remembered that its placement is not a mistake.

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Operating income and tax liability

Pursuant to Art. 14 sec. 1c of the PIT Act, the date on which income from business activity arises is generally considered to be the date of delivery of the item, sale of the property right or performance of a service, or partial performance of the service, no later than the day:

  1. issuing an invoice or
  2. payment of receivables.

The exception is when the parties have agreed that the services will be billed in the settlement periods specified in the Act, at least once a year. In such a situation, the income is generated on the last day of the specified settlement period (Article 14 (1) (1e) of the PIT Act).

Example 4.

Mr. Janusz rents an apartment as part of his business. The agreement with the tenant stipulates that the accounting period is a quarter. Every quarter, Mr. Janusz receives the agreed amount on his account. He has doubts as to when income is generated on his side.

As a rule, Mr. Janusz's income is generated on the last day of the settlement period agreed in the contract, i.e. on the last day of the quarter.

Date of sale and date of invoice - summary

To sum up, entrepreneurs can, as a rule, issue invoices by the 15th day of the month following the sale. There are many exceptions to this rule. Additionally, when issuing an invoice, the taxpayer should remember to include the date of sale. In a situation where the date of sale and the date of issue of the invoice are the same, there is no obligation to include it on the invoice.

The date of sale and the date of issuing the invoice in the wFirma.pl system

In the wFirma.pl system, a sales invoice with both the issue date and the date of sale, or when the date of sale is different. To issue a sales invoice, go to the tab REVENUE »SALE» EXHIBITION »INVOICE in the displayed window, fill in the required fields, among others

  • in the BUYER field, enter the contractor's data
  • in the field ISSUE DATE, select the actual date of issue of the invoice
  • in the SALE DATE field, select the date of sale, i.e. the date when the tax obligation arose

The issued sales invoice will be entered in the KPiR and in the Sales VAT Register on the date of issue or sale (whichever is the first). A detailed scheme for issuing a VAT invoice in the system can be found in the article: VAT invoice - how to issue it