On September 4, 2023, a draft regulation was introduced at the Government Legislation Center that defines situations where taxpayers, with properly documented delivery of goods or services, won’t need to issue structured invoices. Invoices related to toll road services, passenger transport regardless of distance, and air traffic control and surveillance will be exempt from this requirement to issue structured invoices.
As the Ministry of Finance points out, “not every business activity, due to its specificity, can be subject to the obligation of issuing structured invoices. Certain business operations won’t meet the KSeF requirements but must continue to operate smoothly, such as railway transport and toll road use. Even though the documents issued in these operations have limited data compared to structured invoices, they should be recognized as equivalent to structured invoices.”
In his ordinance the Minister of Finance identified transactions that don’t have to use the National e-Invoice System for structured invoices.
Taxpayers aren’t obligated to issue structured invoices when delivering the following services:
- Toll road travels, if validated by invoices in the form of a one-time ticket, issued by authorized VAT taxpayers.
- Passenger transport of any distance using trains, cars, ocean-going vessels, inland and coastal navigation vehicles, ferries, airplanes, or helicopters. These services should be validated by one-time ticket invoices issued by eligible VAT taxpayers.
- Air traffic control and surveillance services which involve route charges (excluding those with 0% VAT rate). These services must be documented by monthly invoices issued by the Central Route Charges Office (CRCO) of EUROCONTROL on behalf of the Polish Air Navigation Agency.
The project aims to prevent additional responsibilities for toll road concessionaires, which weren’t anticipated in concession agreements with the State Treasury. This allows the retention of current solutions, ensuring safety and speed at toll collection points and toll roads. Additionally, due to the unique nature of transport operations, including the vast number of one-time ticket transactions and their distinct format compared to standard invoices, the exemption for this sector from the obligation to issue structured invoices is justified.
The regulation is set to become effective from July 1, 2024, onwards.
If you have any questions regarding this topic or if you are in need for any additional information – please do not hesitate to contact us:
CUSTOMER RELATIONSHIPS DEPARTMENT
Head of Customer Relationships
Department / Senior Manager