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Split payment – mandatory until 2028

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​​​​​​​​​​​​by Joanna Chruściel, Maria Wośkowiak

12 February 2025​

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In response to the request from the Polish Ministry of Finance, the European Commission consented on 14 January 2025 to extend the mandatory split payment procedure until 28 February 2028. The European Commission's consent now awaits approval from the (EU) Council.

What is the split payment procedure? 


Payments made in the split payment procedure do not go in full to the payee’s account but instead are split into the net value and VAT. The net amount goes to the seller’s account, while the VAT amount goes to his special VAT account. Although the money accumulated in the VAT account remains the supplier’s property, it can be used for purposes specified in the statute only. 

The split payment procedure is mandatory for VAT payers who sell or buy so-called sensitive goods (listed in Annex 15 to the VAT Act) and their invoice exceeds 15 thousand zloty gross or equivalent in a foreign currency. In other cases, the split payment mechanism is voluntary. ​

Benefits of split payment


The split payment procedure offers a number of benefits to taxpayers, such as:

  • presumption of due care if the authorities challenge the right to deduct input VAT,
  • no sanctions for transfers to a non-whitelisted bank account,
  • faster VAT refund procedure,
  • no VAT sanctions on amounts paid in the split payment procedure. 

If an invoice is not paid in that procedure in spite of the statutory obligation, revenue authorities may assess an additional tax liability of 30% of the VAT amount shown on the invoice subject to the split payment procedure. 

Split payment – doubts and challenges 


The split payment procedure causes a number of doubts, especially when it comes to classification of transactions. Supplies of goods for assembly are generally not subject to the split payment procedure, but it does apply to construction of e.g. certain buildings, renovation of existing buildings, construction of bridges and tunnels, installation of heat, ventilation and air conditioning systems. Also problematic is the correct application of the procedure to construction services divided into stages. Businesses often find it difficult to unequivocally assign a transaction to the right category. This may prompt doubts and a risk of failure to apply the split payment procedure (despite the obligation to do so).

The correct classification of the transaction is key because incorrect classification exposes the company to sanctions and deficiencies in VAT accounts.

If you wonder how to apply the split payment procedure or if you do not know which transactions are covered, do not hesitate to contact us. Our experts will answer all questions you may have about the split payment and​ V​​AT​.

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Aleksandra Majnusz

Tax adviser (Poland)

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