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New Legal Act on Preventing Payment Backlogs in Poland
Published: Monday, January 13, 2020
Article authored by Dr. Robert Lewandowski, attorney at law (radca prawny) from the legal firm DLP Dr Robert Lewandowski & Partners sp. k.
From 1st January 2020, a new law on preventing payment backlogs in Poland came into force introducing regulations and mechanisms aiming to limit delays in payments within commercial transactions. In particular, terms of payments should be shortened especially within deals to which one of the parties remains a much larger enterprise and one a smaller enterprise. Within such transactions, the maximum payment term should be 60 days. In the event of both parties having the same status (for instance same business size), payment terms may be extended contractually, however, in such a case the debtor will still be forced to prove that such an extension was necessary. Should the debtor fail to pay the debt within 120 days, then the creditor will be entitled to terminate the contact.
Directors of all tax capital groups and corporations whose annual turnover exceeds 50 million Euros will be obliged to report to the appropriate authorities about the terms of payment used by these entities within commercial transactions in a given financial year using report templates available on the website of the Public Information Bulletin of the appropriate ministry.
In addition, non-justified prolongation of the terms of payment may also be regarded as an act of unfair competition. The Polish Office of Competition and Consumer Protection (UOKiK) can under the new Act impose administrative penalties upon debtors in the case of “excessive delays” and in these cases the penalty may be severe reaching an amount up to 2 million PLN. It should be stressed that such proceedings before UOKiK against a debtor being in default of payments can also be initiated ex officio or also by every third party and within these proceedings UOKiK will have the power to conduct controls over the debtor and to request the debtor to submit information and documentation regarding its stats of financial affairs. The amount of administrative penalties will be determined and affected by the value of overdue receivables and the period of delay. Under certain circumstances the indebted entrepreneur will have the chance to reduce the amount of the imposed penalty by 20% in the event of the debtor in question settling the debt within 14 days from the day of launching the investigation procedure by UOKiK.
Finally, the new law has also introduced new changes to the Polish Income Tax Act according to which a creditor seeking recovery of overdue invoices will have the right to deduct the amount of overdue receivables from their tax base. Contrarily, the debtor will be compelled to add the debts to its tax bases as income.
Should you seek any further questions on this matter please contact us at the following email address:
office@drlewandowski.com
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