Home / Homework Market Me / 1) taxpayers whose value of gross sales in 2015.

1) taxpayers whose value of gross sales in 2015.

BOX 1 Mali VAT in 2016. 1) taxpayers whose value of gross sales in 2015. Does not exceed 5 092 000 zł, and 2) Taxpayers conducting business brokerage, investment fund managers, who are agents, contractors or other persons providing services of a similar nature (excluding commission) if the amount of commission or other form of remuneration for services performed in 2015. does not exceed 191 000 zł. EXAMPLE 1 Activity The value of sales of the taxpayer conducting development activities in 2015. Amounted to 4 506 287 zł. In 2016. The taxpayer has the status of a small taxpayer.

EXAMPLE 2 Continuity taxpayer value of sales in 2015. Amounted to 5 075 284 zł, which is more than the limit applicable for 2015. (Ie. 5 015 000 zł). Nevertheless, in 2016. Taxpayer is still a small taxpayer, as applicable for 2016. Limit is 5 092 000 zł, which is more than 5 075 284 zł.

2. CASH biggest advantage of the status of a small taxpayer is on the ground of the possibility of the so-called VAT. cash basis. The essence of this method is, as you can see, different way of formation of the tax obligation. While it is usually the time of chargeability of tax is in principle the consequence of making the supply of goods or services, whereas in the case of cash basis tax liability arises: 1) the date of receipt of all or part of the payment – in the case of making a supply of goods or services in the taxable person registered for VAT active (art. 21 paragraph. 1 point 1 of the VAT Act), see also: you can not request information that the taxpayer does not have access »2) the date of receipt of all or part of the payment, not later than 180 . day from the date of release of the goods or service – in the case of making the supply of goods or services to an entity other than that referred to in paragraph 1, and therefore the taxable person not registered as a VAT payer active or non-taxable persons, for example. on to a natural person conducting business activity (art.

21 paragraph. 1 point 2 of the Act VAT). Such a method of formation of the tax makes the need for settlement of VAT arises most often only after receipt of payment having been made supply of goods or services rendered. The exception applies to sales to entities other than the taxpayers registered as active VAT taxpayers, when the non-receipt of payment for half a year (from the date of release of the goods or service) results in the need to account for VAT in spite of non-payment (or part thereof). ! If you use the cash method of tax liability arises only when the payment is received. Obligations of taxpayers in the use of the cash accounting scheme involves a lot of special duties and privileges.

And so small taxpayers clearing VAT this method: 1) in principle obligatory deposit the declarations quarterly VAT-7K, and so necessarily settle the VAT for the quarterly periods (Art. 99 paragraph. 2 of the VAT Act), 2) issue invoices containing the words “method cash “- in the past marking the VAT-MP (art. 106e paragraph. 1 point 16 of the VAT Act), 3) may deduct input tax only in the first quarter, which have paid all or part of receivables resulting from the resulting from the contractor invoices (but not earlier than the date of receipt of the invoice), the settlement of claims in part gives the right to reduce the amount of tax due by the amount of input tax corresponding to the part of the regulated charges (see. art. 86 paragraph. 10e VAT Act; see. also below: using the law to deduction for small taxpayers using a cash basis) .See also: at one time several bodies will be able to see the company “There are a yjątek principle of mandatory the submission of VAT-7K by small clearing VAT payers on a cash basis.

It occurs when, due to make the supply of sensitive goods (listed in Annex 13 to the VAT Act) Art. 99 paragraph. 3a of the VAT Act excludes the possibility of submitting quarterly VAT returns. In such cases, small taxpayers clearing the VAT cash accounting VAT returns monthly-7K. This is confirmed by the tax authorities provided explanations, an example of which may be personal interpretation of the director of the Tax Chamber in Bydgoszcz of 9 December 2014 (no.

ITPP1 / 443-1266 / 14 / DM). In this interpretation, we read that “in a situation where despite the lack of power to make a declaration for the quarterly periods (…), the applicant meets the conditions for recognition as a small taxpayer within the meaning of Art. 21 paragraph. 4 of the Act on tax on goods and services – and therefore did not exceed the limit of turnover entitled to benefit from the status of a small taxpayer, the applicant is required to submit declarations for monthly periods, but does not lose the right to a cash basis. ” IMPORTANT Small taxpayers clearing the VAT cash accounting consist of mandatory quarterly statements. An exception to this rule applies to certain small taxpayers clearing the VAT on a cash basis, who make deliveries of sensitive goods. EXAMPLE 3 Upon receipt of the payment clearing small taxpayer VAT on a cash basis on 25 November 2015.

Made the delivery of goods to the active VAT taxpayer. To date he has received no payment for the goods. Although it was not created in his tax obligation in the VAT and, consequently, did not have to take into account the sale of the goods referred to in the records and VAT-7K for the fourth quarter of 2015., As well as in the records and VAT-7K for the and the second quarter of 2016. consequently, small taxpayer did not have so far to settle VAT included in the sale price of the goods (or would be in favor if a small taxpayer in question did not use the cash accounting scheme, in which case the tax from the sale of goods would create no later than 25 November 2015 r., and consequently the sale of the goods the taxpayer would be required to include in the registration and declaration of VAT for November 7, 2015. or in the records and VAT-7K for the fourth quarter of 2015.). Suppose that a small payment for goods taxpayer referred to, will receive at the beginning of September 2016. Only then – pursuant to art. 21 paragraph.

1 point 1 of the VAT Act – created tax obligation in VAT from the sale of goods in November 2015. Consequently, sales of this product small taxpayer will be obliged to show only in the VAT-7K for the third quarter of 2016. EXAMPLE 4 Retailer Let’s go back to the previous example and assume that the buyer of the goods is an individual. Also in this case, the small taxpayer does not have to take into account the sale of the goods referred to in the records and VAT-7K for the fourth quarter of 2015., As well as records and VAT-7K for the first quarter of 2016. However, unlike the earlier sale the small taxpayer would be obliged to take into account the VAT-K for the second quarter of 2016. since May 23, 2016 on.

180. the day elapsed from the date of release of the goods (and therefore the tax liability arose under Article. 21 paragraph. 1 point 2 VAT Act). The choice of retirement and loss of the right to use in order to start applying small cash basis taxpayers must notify the appropriate for themselves the tax office. Such notification shall be made by the end of the month preceding the period for which the small taxpayer will use cash accounting method (see. Art.

21 paragraph. 1 of the VAT Act). Notice of choosing the method does not require cash from taxpayers – as assumed – the drafting of a separate document. Just update the application of VAT-R with the selected item in the square. 39 and entered in the item.

40 and 41 quarter and year on which the scheme will be applied. Cancellation of cash accounting takes place in a similar way as the choice of this method – by notifying the tax office. Notice of cancellation of the cash accounting scheme can be made to the end of the quarter in which the taxpayer for the last time this method is used. Significantly, the resignation can not be earlier than one year after the cash method of choice (Art. 21 paragraph. 3 of the VAT Act). Thus abandonment of the cash accounting can be earlier than the fifth quarter from the first quarter in which was used a cash basis.

Also in the case of resignation from the use of the cash accounting scheme it is not necessary – as assumed – drafting a separate document. Sufficient for submitting a registration statement updating the VAT-R made by selecting the third item in the square. 39 and entered in the item. 40 and 41 of the quarter and the year or in the item. 42 and 43 of the month and year, of which a small taxpayer renounces the use of cash basis (depending on whether the taxpayer intends to submit monthly declarations VAT-7 or quarterly VAT declarations 7K). Regardless of the possibility of resignation from the use of the cash accounting scheme the right to use this method you can afford to lose. The loss of this occurs as a result of exceeding the limit during the year for small taxpayers sales value, or the amount of commissions or other forms of remuneration.

Loss of right to tax accounting on a cash basis followed, starting with the settlement for the month following the quarter in which exceeded the amount indicated above. Taxpayers who have lost the right to use the scheme are obliged to update the application for registration of VAT-R (this should be done within 7 days from the date of loss of the right to a cash basis, and therefore to the 7th day of the month following the quarter, which was exceeded ) by selecting the second item in the square. 39 and enter the item. 40 and 41 and the first quarter of the year or in the item. 42 and 43 of the month and the year following the quarter in which it was exceeded (depending on whether the taxpayer intends to submit monthly declarations VAT-7 or quarterly VAT declarations 7D). IMPORTANT Exceeding applicable in a given year limit for small taxpayers results in the loss of use of https://homeworkmarket.me/ cash basis. ! Notification of the use of the cash accounting scheme must be made by the end of the month preceding the quarter for which the taxable person wishes to use the cash accounting method. EXAMPLE 5 Update application Small taxpayer wants to start using cash basis, starting from the fourth quarter of 2016.

It must, therefore, by 30 September 2016. Lodge with the appropriate for themselves the tax office (or give the post office) to update the application of VAT-R indicating the first square pos. 39, numeral 4 in position. 40 and the number 2016 pos. 41. EXAMPLE 6 Waiver Small taxpayer has chosen to use the cash basis, starting from the second quarter of 2016. In this situation, give up the cash basis perhaps the earliest on 1 July 2017.

Using the right to deduct Right to deduct input tax arises as to rules for the accounting period the tax obligation arises (dealer), but no earlier than the receipt of the invoice billing period. Small taxpayers clearing the VAT on a cash basis, however, still apply additional condition. In such taxpayers the right to deduct arises because no earlier than in the settlement for the period in which the taxpayer has paid for the goods and services (Art. 86 paragraph. 10e of the VAT Act). So at small taxpayers clearing the VAT cash accounting right to deduct the invoice input tax arises in principle in the quarter (reference period of small taxpayers clearing the VAT on a cash basis is, in principle, the calendar quarter), in which occurs the last of three events: ● dealer tax liability arose from the supply of goods or provision of services, small taxpayer ● exercising their right to deduct the invoice received, ● the taxpayer has paid for the purchased goods or services. It is at the same time (it is not clear, the provisions explicitly) that the partial payment results in partial fulfillment of an additional condition provided for small taxpayers clearing the VAT on a cash basis.

This is confirmed by the tax authorities provided explanations, an example of which may be personal interpretation of the director of the Tax Chamber in Bydgoszcz, 25 April 2014 (no. ITPP2 / 443-209 / 14 / AW). We read in it that “as a small taxpayer employing a cash settlement of tax, you are entitled to reduce the amount of tax due by the amount of input tax on goods and services acquired in the settlement for the quarter, in which he made payment for them, by which should be understood completely or partial settlement of claims. Therefore – as you rightly stated in the application – from 1 January 2014. In the case of settlement of the balance resulting from the received invoices, can still deduct the input tax corresponding to that part. ‘ It should be added that those specific rules for the deduction of input tax for small taxpayers using the cash accounting principle apply in cases where the amount of input tax resulting from invoices and customs documents.

These rules do not apply in other cases, particularly when occurring in such taxpayers intra-Community acquisition of goods, provision of services for which the taxpayer is the purchaser (particularly in the case of import of services) and the supply of goods for which the taxpayer is the buyer. IMPORTANT Specific rules for the formation of the right to deduct at clearing small taxpayers VAT cash accounting does not apply to intra-Community acquisition of goods, provision of services for which the taxpayer is the purchaser, and the supply of goods for which the taxpayer is the buyer. In this respect, the right to deduct at clearing small taxpayers VAT on a cash basis is formed on a general basis. ! The formation of the right to deduct at clearing small taxpayers VAT on a cash basis is dependent on payment for purchased goods and services. TABLE formation of the right to deduct from small taxpayers clearing the VAT on a cash basis sequence of events Quarter * the right of deduction emergence of the tax the retailer, the receipt of the invoice by a small taxpayer, making a payment quarter of the payment receipt of the invoice by a small taxpayer, the chargeable dealer, making collection quarter of the payment of the chargeable dealer to make a payment receipt of an invoice by a small taxpayer quarter receipt of the invoice to make payment of the chargeable with the seller, receive an invoice by a small taxpayer quarter receipt of the invoice receipt of the invoice by a small taxpayer, making a collection, the chargeable dealer quarter of the tax obligation arises to make the payment, the receipt of the invoice by the small taxpayer, the chargeable at Seller quarter of the tax obligation arises * Month for small taxpayers clearing the VAT on a cash basis, who do not have the right to submit a quarterly statement due to the wording of Article. 99 paragraph.

3a of the VAT Act. ⒸⓅ EXAMPLE 7 Exceeding the value of sales in the small clearing taxpayer exceeded the VAT on a cash basis in July 2016. 5 092 000 zł. In this situation, the taxpayer loses the right to use the scheme, October 1, 2016 r. EXAMPLE 8 Release of the goods the little taxpayer clearing the VAT on a cash basis 20 June 2016 r.

About adminpba

Tinggalkan Balasan

Alamat email Anda tidak akan dipublikasikan. Ruas yang wajib ditandai *