Friday , June 18 2021

Almost 50 simplifications for companies. The Sejm passed the SME package

"The modification of some acts to simplify entrepreneurship in tax and economic law (the so-called SME package) is almost 50 simplifications, thanks to which in the pocket of businessmen they will be close to 4 billion zł in 10 years. This is another – after of the package of 100 changes for companies and the Constitution of Business – our provisions to facilitate the life of Polish businessmen. The package is aimed primarily at the small and medium-sized business sector. Most proposed solutions will come into effect in 2019 and the extension of category "small taxpayers" from 2020 ". – We read in the press release of the Ministry of Enterprise and Technology.

– The adoption of the SME package is great news for Polish entrepreneurs. The package introduces changes that will give them real savings and subsequent simplifications. It is worth remembering that in this mandate period we already have hundreds of business solutions in place. This is a package of 100 changes for companies and the Business Constitution. Now the SME package is used. We carry out a list of the facilities, savings and privileges for the entrepreneurs planned in it in collaboration with them. Passing a package, however, does not mean that we rest in our laurels. In short, the government should adopt our bill to counter bottlenecks and this month we will present a draft of a new Public Procurement Law that will be much more friendly to small and medium-sized businesses, said Minister Jadwiga Emilewicz, cited in communicated

Deputy Minister Mariusz Haładyj said the SME package is another part of the changes prepared in collaboration with the entrepreneurs themselves, especially small and medium-sized businesses.

– In dialogue with them and in cooperation, among others with the Ministry of Finance, we create regulations that will improve the liquidity of companies and reduce bureaucratic burdens in tax legislation. For example, by increasing the limit of a small taxpayer, the possibility of a single deduction of a tax loss of up to 5 million PLNs or allowing a spouse's income to be included in income tax, which is especially important for small family businesses. We also reduce the operating costs of businesspeople: we pay, among other things, the obligation to periodically train health and safety for almost 6 million employees. We are increasing – more than twice – the limit of the employees, to which the employer does not have to hire health and safety specialists. The law also affects mercantile legislation and the regulation of business accounting (for example, shortening the period of maintenance of financial statements). Each change responds to the specific demands made by entrepreneurs regarding their daily operations – said Haładyj, quoted in the statement.

One of the solutions provided in the law is to take into account the value of the work of the spouse as a tax deductible cost. After the change of regulations, the employer may take into account the remuneration paid to his wife / husband in the cost of obtaining income. This change will suppose benefits especially for micro and small family businesses. The taxpayer who uses a spouse (based on a work contract, mandate agreements or contracts for a specific job) will be treated by the tax office in the same way as a taxpayer who uses a person from outside the immediate family. This solution will benefit at least tens of thousands of entrepreneurs, also given.

The law also provides for the possibility of timely payment of tax loss of up to 5 million PLN (only the surplus of this amount will be settled by the existing principles, which represents a maximum of 50% in one year).

"Assuming a benefit of PLN 7.6 million, a loss that will be settled in the annual maximum amount of 5 million PLN and 19% The tax rate, in the year in which the loss was settled, the taxpayer can pay up to 900,000 Tax lower than Before the change of regulations, this change will positively affect the financial liquidity of the company. Additionally, with a single payment of the loss, the necessary procedures are limited (we solve the loss once and do not divide it in several years, so we only have to send the necessary documents once) " – Let's read even more.

The SME package eliminates the obligation of periodic safety and health training for nearly 6 million employees of industries that are least accidentally injured. The change will include administrative and office employees employed by a qualified employee for the group of activities for which a higher risk category has not been established than in the sense of the Law on Social Security Institutions. At present, the employer has the cost associated with the purchase of the service and the realization of the training. The provisions of the EU Council Directive in the field of periodic training of OHS require regular employee training to be provided only if necessary and justified. The new law will eliminate the redundant obligations that are currently imposed on employers and, consequently, reduce their operating costs, also given.

The law also raises a limit of between 20 and 50 employees, to whom the employer, if qualified for a category of greater risk than the third party in the sense of the Social Security Institution, does not have to use a health and safety specialist, only You can perform the tasks of the health and safety service.

"The amendment provides for the increase in the sales threshold, which gives the right to obtain the status"a small taxpayer"- from 1.2 million euros to 2 million euros status"a small taxpayer"It is entitled to facilitate repayment, the least frequent obligation to pay for the income tax and the CIT and a lower taxation (in CIT)" – Let's read even more.

"Small taxpayer" is entitled to a single depreciation, that is, a single entry of the total value of the fixed assets in the costs of obtaining income in the month of entry in the registry (maximum value up to 50,000 euros per year); there is no need to separate the cost of the purchase during the entire depreciation period.

The single depreciation in comparison to a linear settlement means that, in the case of a high tax deductible cost, you will have less taxes in the year of deduction. For example, assuming revenue of PLN 7.6 million (approximately 1.8 million euros) and a maximum value of the tax deductible cost of 200 million PLN. PLN (50 thousand) with a single deposit contribution in the first year gets almost 25 thousand. PLN, appears in the advertisement.

"Another privilege of a" small taxpayer "is a quarterly payment prepaid method: an entrepreneur can pay tax breaks every quarter. This means less formalities related to filing returns and making transfers – 4 transfers instead of 12" – we also read.

Other selected facilities include a tax exemption in the CIT of certain income from alternative investment companies (ASI) obtained from the sale of shares / shares (sale of shares / shares, when at least 10% of the company's shares were carried out and not less than 2 years). Exemption from tax (paid by the insurer) of compensation amounts to restore damaged property. This exemption shall apply to all fixed assets, with the exception of a passenger car. Unification of forms of tax returns in the case of local taxes (real estate or forest taxes) and enabling its telematic presentation. Currently, the forms are very diverse: they are developed by local governments. This makes it difficult for employers who own properties in more than one county to settle taxes on the part of local governments. Charging for 5 years from the mandatory storage period of the approved financial statements. Currently, this obligation is indefinite.

Deregulation of some information obligations for entrepreneurs, including on the period of suspension of the performance of the operations or the maintenance of a book of income and expenses for the purpose of liquidation of the income tax.

"Changes in the operation of the company with O. It is possible, for example, to take all resolutions of the partners at a distance, in a way of circulation. Also, return rules will be introduced by the shareholders of the advances collected against the dividend, in case the company loses a loss or does not obtain a benefit in the amount assumed " – we also read.

Unequivocal definition of the legal consequences of an act carried out by an unauthorized person to represent the company. This will increase the security of business transactions. By shortening the term for the creditor's right not received payment, benefit from the relief of bad debts from 150 to 90 days. Possibility of calling by telephone or electronic mail by the Social Security or the employee of the insured on the control of temporary incapacity.

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