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KSeF - new implementation date coming soon

The Ministry of Finance has completed the first stage of consultation on the legal solutions and functionality of the National e-Invoicing System.
Author:
Monika Goździewska
Senior VAT Manager

On March 1st, 2024, consultations on the National e-Invoice System (KSeF) conducted by the Ministry of Finance (MF) reached their end.. During the consultations, entrepreneurs, accountants, tax advisors and the IT industry raised many demands and problems related to KSeF.

The most important topics included:

  • Introducing the possibility of voluntarily issuing invoices in KSeF also for consumers (B2C).
  • Concerns related to the obligation to provide the KSeF invoice number or collective payment identifier (ID) when paying for invoices issued in KSeF - in the case of foreign entrepreneurs and when using other payment instruments.
  • The concept of introducing the initial phase of KSeF offline - this would involve issuing an offline invoice and sending it to KSeF at a later date (e.g. after a few days). Representatives of the Ministry of Finance confirmed that this solution is worth considering. It could reduce the load on the system and allow for its appropriate adjustment and correction of any errors during its operation.
  • The need to issue binding legal explanations in connection with the introduction of the KSeF. The Ministry of Finance announced the issuance of clarifications regarding the fixed establishment (FE). According to the regulations, entities only registered for VAT in Poland, but not having a fixed or permanent establishment in Poland, do not have to join KSeF. In practice, however, doubts arise as to how the definition of FE should be understood.
  • The question is whether there will be any changes in the KSeF invoice scheme. Despite signals from the Ministry of Finance that it does not intend to change it, this matter is not entirely settled.
  • There were also demands regarding the date of introducing mandatory KSeF. The dates proposed by the consultation’s participants were between June and September 2025.

As announced, the Ministry of Finance is to announce a new date for the entry of KSeF into force at the turn of April and May 2024, after analysing the results of the audit and consultations.  In the period between June-July 2024, draft changes to the regulations are to be introduced.

We would like to emphasize that the implementation of the system and its elements is very time-consuming.  Therefore, we encourage you not to postpone any related work  for the next months and continue adapting your organization to KSeF requirements.

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