Polish VAT for Belgian client ?
Thread poster: Joop Fraikin (X)
Joop Fraikin (X)
Joop Fraikin (X)  Identity Verified
Local time: 04:41
English to Dutch
+ ...
Aug 8, 2005

Dear colleagues,

A registered translator in Poland sent me (Belgian registered company) an invoice including 22% Polish VAT. As far as I know this translator should not have charged VAT. Can anyone confirm this?

Thanks!


 
Ralf Lemster
Ralf Lemster  Identity Verified
Germany
Local time: 04:41
English to German
+ ...
Did you quote your EU VAT ID? Aug 8, 2005

Hi Joop,
Did you quote your EU VAT ID when submitting the order? Although the VAT ID is not the only evidence of your capacity as a business, it's by far the most convenient way to prove it.

Best regards,
Ralf


 
Aleksandra Kwasnik
Aleksandra Kwasnik  Identity Verified
Germany
Local time: 04:41
Polish to German
+ ...
Agree with Ralf Aug 8, 2005

Joop Fraikin wrote:

Dear colleagues,

A registered translator in Poland sent me (Belgian registered company) an invoice including 22% Polish VAT. As far as I know this translator should not have charged VAT. Can anyone confirm this?

Thanks!


Hello Joop,

I agree with Ralf: when you have informed the translator about your EU VAT ID he shouldn't have charged you 22% Polish VAT. It's also based on my personal experience.

HTH -
Aleksandra


 
OTMed (X)
OTMed (X)
Poland
Local time: 04:41
English to Polish
+ ...
I think the situation is fairly straightforward Aug 8, 2005

Although I am far from knowing all intricacies the Polish VAT Law (it is being changed, updated, modified and altered or at least upgraded approx. 4 times daily), I don't seem to see the problem (or any ambiguity for that matter) under the circumstances you have described.
This is how I think I would approach this situation.
1. If a party residing in a EU member state issues VAT invoices, this party is bound to be a VAT-registered taxpayer (very small businesses/freelance translators
... See more
Although I am far from knowing all intricacies the Polish VAT Law (it is being changed, updated, modified and altered or at least upgraded approx. 4 times daily), I don't seem to see the problem (or any ambiguity for that matter) under the circumstances you have described.
This is how I think I would approach this situation.
1. If a party residing in a EU member state issues VAT invoices, this party is bound to be a VAT-registered taxpayer (very small businesses/freelance translators in Poland may choose not to be a VAT payer and as such have no right to charge VAT and/or issue VAT invoices).
2. If you are capable of providing this party with your VIES verifiable EU TAX ID No., and vice versa, the transaction will be processed between a 2 EU taxpayers.
3. The provider should issue a VAT invoice to the purchaser.
4. The net price stated on this invoice should be equivalent to the gross price and the VAT should be declared as "Not applicable - VAT is to be paid by the purchasing party" (there is a specific EU formula/statement, but I always forget to find it and our accountant claims the above simple version is sufficient from the standpoint of the Polish tax authorities).

The way I understand this, similar procedure is most likely used between all EU countries. Having said all this I must emphasize, I am not a tax expert, and the above info is based solely on my own hands on experience in providing/purchasing services to and from other EU countries.
Nevertheless, I do hope this will help at least a bit to clarify your situation.
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Weronika Sobita
Weronika Sobita  Identity Verified
Local time: 04:41
English to Polish
+ ...
Polish Vat cont. Aug 9, 2005

I am not quite sure about this, but according to my knowledge in this situation the Polish translator should have sent you an invoice with a 0% VAT rate. This is because export of services (and selling a translation to a customer abroad is considered as export of services) in Poland is encouraged by the state, also by means of this very beneficial and comfortable for both parties VAT rate.

 
Ralf Lemster
Ralf Lemster  Identity Verified
Germany
Local time: 04:41
English to German
+ ...
If only the tax authorities thought that way... Aug 9, 2005

Nice thought, though...
This is because export of services (and selling a translation to a customer abroad is considered as export of services) in Poland is encouraged by the state, also by means of this very beneficial and comfortable for both parties VAT rate.

If only. Certain services (including translation) rendered to a business in another EU member state are deemed to have been provided in the state in which the recipient is domiciled for tax purposes.

Best regards,
Ralf


 
Daniele Martoglio
Daniele Martoglio  Identity Verified
Local time: 04:41
Polish to Italian
+ ...
I'm sure that his invoice must be without VAT Aug 10, 2005

i'm a translator in Poland, working as a one-person-company. When i make an invoice for UE, i.e. Italy, it's WITHOUT VAT.

At the end is written:

"Usluga nie jest przedmiotem podatku VAT w Polsce, zgodnie z art. 27, Ustawy z dnia 11/03/2004 r. o podatku od towarów i uslug [Dz.U. Nr 54, poz. 535].

"This service is not subject to Polish VAT in compliance with the article 27 of the Polish law on Value Added Tax [Journal of Laws No 54, item 535, April 5, 2004]."


 


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Polish VAT for Belgian client ?







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