The rules allow the entrepreneur to perform certain tasks during the period of suspension which he/she would carry out in the course of carrying out business. These are actions which will help you work after resumption of activities.
In view of considerable diversity of economic events and very general legal provisions in this respect, we set out below the individual interpretation of the Minister of Finance which shed light on different types of activities.
During the period of suspension of the exercise of economic activity the entrepreneur:
is entitled to perform any action necessary to preserve a source of profits or
This is a very broad category but basically it concerns expenditure which allow to maintain activity during the period of suspension in such a condition that it could be resumed without significant costs.
IPPP1-443-256/11-4/MP: a taxable person is entitled to deduct the VAT from invoices relating to the leasing instaments and a passenger car purchase invoice for the period during which activity was suspended, provided that the leasing contract was concluded before the date of suspension of activity and the car was used in business to carry out taxable activities.
ITPP1/443-1114/08/KM: a taxable person is entitled to deduct the output tax from VAT nvoices for monthly telephone subscription fees for telephone company: stationary and mobile phone and charges for internet used in business, if the contracts with the respective operators have been concluded prior to the date of suspension of economic activity and there will be a resumption of economic activity in which the services in question can be related to the taxable transactions.
IPPB1/415-594/10-3/JB: taxable person is entitled to include taxes from real estate in the deductible costs.
IPTPB1/415-624/12-7/DS: There is no possibility the costs to the costs associated with the grant of the loans (interest, commissions, insurance costs, and the costs of entering a mortgage) during the period of suspension of activity in situations when the loan is granted to the natural person (not connectet with carried out economic activity) and the money will go to the own contribution of the company was invested in equity as source of revenue, pursuant to point 9 of Article 23(1) of the law on personal income tax, these costs can be found in the catalogue of expenditure not included in the operating costs.
ILPB1/415-700/12-2/AG: taxable person has the right to deduct the costs of economic activity during the suspension — contributions to a professional association, contributions to training within the bar membership applications.
IBPBI/1/415-537/14/AB: expenditure incurred on the purchase of materials during the suspension of business activity which the taxable person used later to provide services in the course of business and the tax revenue....as costs directly linked to the generated revenues, may be classified as tax-deductible costs.
Is allowed to accept receivables or obligation to settle liabilities that arise before the date of suspension of the exercise of an economic activity
If an agreement has been concluded before the period of suspension, the expenditure relating to the operations may be incurred during the suspension period. In other words, what the entrepreneur committed prior to the suspension of activities must.. pay. And it works also the other way, if entrepreneur terminated service or sale, he/she may receive payment during the period of suspension.
ITPB1/415-56/13/WM: taxable person has the right to accept advances during suspension of the exercise of an economic activity.
IBPBI/1/415-49/12/AB: expenditure incurred during the suspension of business activity may be classified as tax-deductible costs, since the obligation to bear them arose before the suspension of business activity and they relate to the income derived by the applicant in an earlier period (before suspending economic activity). These expenses must be regarded as indirectly connected with an economic activity and relate to keeping this source of revenue. Consequently, this expenditure could be included in the annual income tax return submitted for the tax year in which they were incurred
Shall have the right to dispose of his/her own assets and equipment
IPPP1-443-235/10-4/JL: The taxable person can sell goods produced in a period of suspension of an activity, but this concerns only goods ordered and produced before the date of suspension. In addition, the company may dispose of the fixed assets and equipment during a period of suspension
Have the right or obligation to participate in judicial proceedings, tax and administrative proceedings related to economic activity carried out prior to the suspension of the exercise of an economic activity
These activities do not have a direct impact on the tax obligations, but already incurred expenditure such as hiring a lawyer to represent you in a period of suspension of an activity is cost for tax purposes. If any of the counterparties had not paid you, you can as well recovery rates as well as you can buy and settle after resumption of activities or by year.
Performs any obligations prescribed by law
This is a wide category. If you have to perform an obligation under special provisions, its completion is not a breach of the suspension period. It may be an obligation to provide samples for testing, or submission of any documents.
IPPB4/415-534/11-4/JK2: despite the suspension of business activities, the applicant is required to submit annual tax returns.
Is entitled to financial income also from activities carried out prior to the suspension of the exercise of an economic activity
Any revenues generated by your property acquired before the period of suspension. These are for example interest rates on deposits, dividends or positive exchange rate differences.
IBPP2/443-56/12/AM: the taxable person is entitled to reduce the amount of tax due by the amount of input tax in the case of suspension of business activity.
May be subject to control under the conditions established for entrepreneurs engaged in economic activity
Since you are an entrepreneur, you can at any moment be monitored in both the occupational activities undertaken before the period of suspension and the events that occur during the period of suspensionShare Print