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If a non-Polish taxable person is undertaking intra-community supplies, storing goods in Poland for onward sale, and has no permanent establishment (local company, staff, offices etc.) in Poland, then it may need to VAT register for a Polish VAT number. This would enable it to report on any sales, and pay over any collected VAT.
For EU VAT compliance purposes, there are two types of stock regimes. The following is a summary of the Polish VAT rules for stock.
If the goods are held at the premises (consignment warehouse) of the customer, and it is under their control even if legal title has not passed, then there is no requirement to VAT register the seller.
The tax authorities must be formally notified of the arrangement, and the customer must retain detailed records of the goods held under this arrangement for the tax office. The goods must transfer to the customer within two years.
Note, if the goods are coming from outside the EU, they are an import (as opposed to an intra-community supply), and a registration may be required on this basis alone.
Non-EU businesses selling in Poland will need to appoint a fiscal representative alongside completing VAT registration and returns.
Fiscal representatives are responsible for the accurate VAT submissions of their non-EU clients.
Avalara offers a Fiscal Representative Service as part of its international VAT and GST Registration and Returns Service.
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