Refund of excess VAT in a shortened period and invoice corrections

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Entrepreneurs who in a given settlement period showed a surplus of input tax (VAT on purchase) over due tax (VAT on sales), have the right to apply for its return. The basic deadline for VAT refund is 60 days. However, after meeting the legally defined conditions, entrepreneurs have the opportunity to apply for a refund within a shortened period of 25 days. Read the article and find out if invoice corrections have an impact on the refund of the excess VAT in a shorter period!

Refund of the excess VAT in a shortened period - when is it possible?

It should be emphasized that under the amendment to the VAT Act, the provisions on VAT refund within the accelerated period of 25 days have been tightened. Therefore, the following conditions must absolutely be met:

  • the amounts of input tax shown in the tax declaration, excluding the amount of the transfer of the VAT surplus on purchases from the previous period, result from:

    • invoices documenting the amounts of receivables that have been fully paid via the taxpayer's bank account at a bank established in the country or the taxpayer's account at a cooperative savings and credit union of which he is a member, indicated in the identification application referred to in separate regulations,

    • invoices, other than those paid by bank transfer, documenting receivables, if the total amount of these receivables does not exceed PLN 15,000,

    • customs documents, import declaration and decisions referred to in art. 33 paragraph 2 and 3 and article. 34 and have been paid by the taxpayer,

    • import of goods accounted for in accordance with art. 33a, intra-Community acquisition of goods, the provision of services for which the taxpayer is their recipient, or the supply of goods for which the customer is the taxpayer, if the tax return shows the amount of tax due on these transactions,

  • the amount of input tax or the excess of input tax over due tax, not settled in previous accounting periods and shown in the declaration, does not exceed PLN 3,000,

  • the taxpayer submits documents confirming the payment of tax to the tax office via the taxpayer's bank account or the taxpayer's account at a cooperative savings and credit union,

  • the taxpayer for the next 12 months directly preceding the period for which the taxpayer applies for a refund of the excess VAT within 25 days:

    • was registered as an active VAT taxpayer,

    • submitted declarations for each accounting period.

Important!

If the legitimacy of the refund requires additional verification, the head of the tax office may extend this period until the end of the verification of the taxpayer's settlement performed as part of verification activities, tax control or tax proceedings pursuant to the provisions of the Tax Ordinance or control proceedings pursuant to the provisions on fiscal control (Article 87 (1)). 2 of the VAT Act).

Refund of excess VAT in a shortened period and invoice corrections

It should be emphasized that the most important criterion entitling to the use of the shortened period of return of the excess input tax over the due tax are fully and timely paid invoices. Therefore, the subsequent receipt of a correction to the invoice shown as the basis for applying for a refund of the excess VAT within the accelerated period should not affect the right to it. After all, the taxpayer is not able to predict whether corrective invoices will occur in the future. Moreover, a credit note should generally be settled for the period in which it is received.