Poland’s parliament is reviewing a draft bill to temporarily zero‑rate domestic food items, excluding imports, from 1 April to 31 December 2026. The proposal would reduce the current 5 % VAT on a defined list of staple foods to 0 %, mirroring earlier COVID‑era cuts. Imported food would not benefit from the relief.

Poland’s Council of Ministers has drafted legislation extending the deadline for submitting the JPK_KR accounting file to 31 July 2026, moving it from the traditional 31 March CIT filing date. The new SAF‑T requirement will be phased in: large companies (sales ≥ €50 million) from 1 January 2025, other businesses with accounting records from 1 January 2026, and all remaining corporate or personal income taxpayers from 1 January 2027. The extension also simplifies authorisation, allowing existing e‑filing powers of attorney to be used for JPK submissions.

The article examines the CJEU ruling on whether a subsidiary automatically constitutes a fixed establishment for VAT purposes. It explains that a subsidiary must satisfy substantive conditions under Article 11 of Implementing Regulation No 282/2011, and that a third‑country parent operating through a subsidiary in Poland does not automatically create a fixed establishment. The ruling also clarifies that EU‑Korea FTA restrictions on corporate forms do not affect the fixed establishment concept.

Poland’s National e‑Invoicing System (KSeF) entered its second phase on April 1 2026, expanding the mandatory e‑invoicing requirement to almost all VAT‑registered businesses. The Ministry of Finance confirmed no sanctions for 2026 errors and reported over 87 million invoices processed in the first two months. The platform operates on Polish servers with proprietary encryption and a 24:1 capacity ratio.

Poland announced a fuel price cap and a sharp VAT cut on fuels to ease inflation amid rising global oil prices. Starting 31 March 2026, 95‑octane petrol will be capped at 6.16 PLN per liter, diesel at 7.60 PLN, and 98 petrol at 6.76 PLN, while the VAT rate on fuels drops from 23% to 8%. Retailers exceeding the cap face fines up to 1 million PLN, and the measures are estimated to cost the government 1.6 billion PLN per month.

Poland has made e‑invoicing mandatory for all VAT‑registered businesses through its KSeF platform, effective February 2026 for large taxpayers and April 2026 for SMEs and foreign entities. The new system integrates with the existing JPK SAF‑T reporting framework, requiring KSeF identification numbers in VAT returns and imposing penalties for non‑compliance. The rollout also mandates KSeF IDs in bank transfers from August 2026 and extends to micro‑entrepreneurs from January 2027.

On 11 February 2026, the EU General Court ruled that Polish VAT deduction rules are inconsistent with EU law, allowing businesses to deduct VAT in the month the transaction occurred if the invoice is received before the filing deadline. The decision invalidates the practice of postponing deductions to the next settlement period and is binding on Polish tax authorities, potentially improving liquidity for taxpayers. The ruling may prompt amendments to national regulations.

Poland's KSeF e-invoicing system requires all VAT‑registered businesses to submit B2B invoices via a centralized platform using the FA(3) XML format. Large taxpayers must comply from February 2026, others from April 2026, with a grace period through 2026 and penalties starting in 2027. The system assigns unique identifiers, stores invoices for ten years, and imposes up to 100 % VAT penalties for non‑compliance after the grace period.

In Poland, when a business vehicle is transferred from commercial use to private ownership, the transfer is treated as a taxable supply and VAT must be charged. The rule applies regardless of whether the original purchase allowed a 100% or 50% VAT deduction, as confirmed by a 2025 tax authority interpretation.

Poland’s Ministry of Digitalization has launched a public consultation on a new 3 % digital services tax (DST) that would broaden the existing 1.5 % rate to cover targeted advertising, multilateral digital interfaces and monetisation of user data, while exempting regulated financial services, direct online sales and publishing. The proposal would apply to companies with global revenue of €1 bn and Polish revenue above €6 m (PLN 25 m), and the government expects to raise about €400 m (PLN 1.7 bn) in 2027, roughly 0.3 % of total tax revenue. The article argues that the DST would impose a heavy burden on large multinationals, trigger potential US retaliation, and that a VAT reform would be a more efficient alternative.

Poland's Ministry of Finance has opened a consultation on draft explanations for a VAT exemption covering defense-related supplies financed by the EU SAFE instrument amid the Russia‑Ukraine conflict. The exemption permits suppliers to deduct VAT paid at the preceding stage, requires a VAT exemption certificate stamped by the competent authority of the purchasing entity’s EU country, and applies to the final transaction in the supply chain as well as to supplies and intra‑Community acquisitions.

The European General Court issued a preliminary ruling on 11 February 2026 (Case No. T‑689/24) confirming that Polish input VAT can be deducted upon receipt of the invoice, not at the time of purchase. The decision, which cites EU Directive 2006/112/EC, applies to a Polish gas and electricity clearinghouse and clarifies the timing of the deduction right for Polish VAT authorities.

On 2 December 2025, the Court of Justice of the European Union ruled that the right to deduct VAT arises when a taxable transaction occurs, not when the invoice is received. The decision invalidates Polish rules that tie VAT deduction to invoice receipt, allowing businesses to claim VAT earlier if the invoice is received before the tax return deadline. The ruling is expected to improve cash flow for companies across the EU.

The General Court ruled that Poland’s requirement of invoice possession for VAT deduction is incompatible with EU law. Polish taxpayers can now deduct VAT in the month of liability if the invoice was issued before the tax return submission, rather than waiting for the next accounting period. The decision is expected to accelerate VAT recovery and improve cash flow, especially under the mandatory KSeF e‑invoicing system.

Crowe Poland outlines draft amendments to Poland's VAT regime scheduled to take effect July 2026. Key changes include a VAT warehouse system, removal of duplicate inventory reporting, elimination of reporting for tax‑exempt purchases, and repeal of the 14‑day VAT payment rule for intra‑Community transport acquisitions. The amendments aim to simplify compliance and reduce VAT evasion risk.

Poland’s Ministry of Finance clarified that non‑resident businesses are subject to KSeF e‑invoicing only if they have a Polish fixed establishment (SMPD/FE) that participates in the specific supply. The rule, effective 1 February 2026, does not trigger on a Polish VAT registration alone and requires a full assessment of the fixed establishment’s involvement per transaction.

Poland is set to roll back its Mandatory Disclosure Rules and simplify VAT compliance from 1 October 2026, while tightening enforcement through new limitation rules and faster overpayment recovery. The third‑party liability threshold will rise to PLN 5,000 and authorities may remit tax before the due date or determine property tax liabilities from existing data. These changes aim to reduce administrative burden and enhance enforcement against VAT abuse.

Poland has submitted a draft digital services tax to the legislative programme. The proposal would levy a 3% compensatory tax on digital services in Poland, applying to entities with global revenue over EUR 1 billion and Polish taxable revenue over PLN 25 million. Public consultations are set to start 2 Feb 2026, with no implementation date yet announced.

Poland has made B2B e‑invoicing mandatory with the launch of KSeF 2.0 on 1 February 2026. Large firms (turnover > PLN 200 million) must use the new platform, while the previous KSeF 1.0 and MCU are shut down. The mandate will extend to all other VAT‑registered businesses on 1 April 2026, with micro‑entrepreneurs exempt until 1 January 2027.

The Polish Ministry of Finance clarified the VAT rules for determining a fixed place of business (SMPD) for the National e-Invoice System (KSeF). The clarification, effective 1 February 2026, allows taxpayers with sales below 200 million PLN in 2024 to continue issuing electronic or paper invoices until 31 March 2026. It also outlines the threshold for the general requirement to issue structured invoices via KSeF.