WRITTEN QUESTION E-1766/00 by Alexander Radwan (PPE-DE) to the Commission. VAT in Poland.
Date: 2000-05-31
Institutions: European Parliament, Provisional data
Subjects: Community acquis, Poland, VAT, accession negotiations, advertising, approximation of laws, redemption, tax system

C 81 E/90

Official Journal of the European Communities

EN

13.3.2001

During this period, relations between the two communities deteriorated. Nevertheless, the Commission has
attempted over the years to foster better inter-communal relations largely through meetings between
representatives of civil society groups coming from the two communities (trade unionists, women(cid:146)s
groups etc.). These meetings largely took place outside the island. The finance for the conferences was
paid directly to the non-governmental bodies hosting the meetings. At no time is the Commission aware
of any payments being made other than to the Republic of Cyprus.

The Commission has however, during the period in question,
invited certain individuals (academics,
students, members of civil society groups) from the northern part of Cyprus to visit the institutions of
the Union in an effort to better inform those citizens about the workings of the Union. In these cases the
individuals were invited directly by the Union institutions. An example of such invitations is the European
Union Visitors Programme (EUVP) jointly sponsored by the Parliament and the Commission.

(2001/C 81 E/108)

WRITTEN QUESTION E-1766/00

by Alexander Radwan (PPE-DE) to the Commission

(31 May 2000)

Subject: VAT in Poland

Is the Commission aware that VAT is imposed on advertising by German firms in Poland at the rate of
22 % and that the firms concerned cannot offset the taxes they have paid?

What are its views on the fact that foreign firms that have established branches in Poland which arrange
advertising for them are able to offset such taxes?

What steps will it take during the accession negotiations to encourage Poland to grant foreign advertisers
equal treatment for tax purposes?

Answer given by Mr Verheugen on behalf of the Commission

(6 July 2000)

The Commission is well aware that at present Poland only grants a refund of input VAT to taxable persons
registered within the country and accounting for VAT. This implies that foreign taxable persons, including
taxable persons from Member States, not registered for VAT in Poland, are unable to reclaim the input
VAT incurred on taxable transactions carried out in Poland within the framework of their economic
activity.

Under the Community (cid:145)acquis(cid:146) the provisions of the Eighth VAT Directive, Council Directive 79/1072/EEC
of 6 December 1979, on the harmonization of the laws of the Member States relating to turnover taxes (cid:129)
Arrangements for the refund of value added tax to taxable persons not established in the territory of the
country (1) and the Thirteenth VAT Directive, Council Directive 86/560/EEC of 17 November 1986 (2),
provide for refund of VAT to taxable persons not registered in the territory of the Member State, but in
another Member State or in a third country respectively. It has to be noted that Member States may make
refund of VAT to taxable persons established outside the Community conditional on reciprocity, which is
an option some Member States, including Germany, are applying.

As the above two Directives are part of the Community (cid:145)acquis(cid:146) in the field of VAT, Poland will have to
implement them at the latest when it becomes a Member State of the Union. In the accession negotiations,
Poland has committed itself to introduce the refund of Polish VAT to taxable persons established outside
the territory of Poland in 2001.

(1) OJ L 331, 27.12.1979.
(2) OJ L 326, 21.12.1986.