Every tax adviser, accountant and a signified group of entrepreneurs, who have already started preparing for the so-called revolutionary change, knows what is about to happen on July 1st, 2024. The clock is ticking and the entities, which will not be prepared for the KSeF application starting July 1st, 2024, will struggle to operate properly.
Even though the clock is ticking, not for everyone the hour zero (beginning of obligatory KSeF use) will strike at the same time. For some entities KSeF duties has been postponed. Some other obligations related to issuing e-invoices will also come into force with a delay.
Voluntary KSeF already in effect
Going chronologically, it is worth mentioning that Polish entrepreneurs and entities have been able to use KSeF voluntarily since January 2022. Although, the data issued by the Ministry of Finance shows that, as of now, only about 1000 entities are actively using KSeF, this number will steadily increase.
Until June 30th, 2024, when KSeF will remain voluntary, contractors will have to consent to receiving e-invoices to avoid surprises from companies that have started using the system earlier. However, we should keep in mind, that our contractors can indeed make such requests.
July 1st, 2024
There are claims that already long-postponed reform is to be postponed once again, but it is unlikely to happen. Therefore, entities should instead plan their preparations well ahead of the obligatory KSeF implementation in June, so that the company is ready for the upcoming change and has enough time for any required adjustments.
January 1st, 2025
- Obligatory KSeF for VAT-exempt taxpayers
Theoretically, VAT-exempt taxpayers will be able to wait another 6 months with their obligatory KSeF implementation. In practice, however, these entities should verify whether the wait is worth it. Obligatory KSeF does not mean only issuing e-invoices, but also receiving them, and most of their contractors (active VAT payers) will be obliged to send e-invoices as early as the middle of 2024.
- Penalties for not using KSeF come into effect
Due to the comprehensive nature of the reform, it was decided that for the first 6 months after the implementation, there will be no sanctions for improper use of KSeF. Nonetheless, it should be borne in mind that penal and fiscal sanctions for improper (paper) invoicing still apply.
- Abandonment of cash registers and simplified invoices
These changes are a logical consequence of issuing structured invoices in a single scheme applicable to all entities using KSeF.
- Obligation to mark bank transfers
Beginning in 2025, wire transfers for invoices in KSeF should include in their description either the KSeF identification number or a collective identifier in the case of a single transfer for multiple invoices.
Regardless of whether the KSeF regulations will apply to a company’s operations as early as July 1, 2024, or whether certain aspects of their application, such as the marking of wire transfers, can be implemented with a delay, one must not delay in preparing for the introduction of the new invoicing method.
After all, it should be remembered that the implementation of KSeF in a company should consist of at least three stages, i.e. assessment of the degree of preparation and determination of the necessary changes, introduction of new solutions and, finally, the testing phase and removal of possible irregularities before July 1, 2024. The closer we are to that date, however, the less advisors and IT specialists will have the resources and time to support us. Therefore, it is not worth leaving KSeF implementation to the last minute.