BANK ACCOUNT OF ENTREPRENEUR
Business activity is inseparably linked with the need to regulate liabilities and obtaining receivables. The most convenient form of conducting such operations is a bank account, which simultaneously allows the entrepreneur to smoothly record all conducted financial operations. There are no provisions directly regulating the obligation to hold a bank account for all entrepreneurs conducting business activity. Provisions related to bank accounts are primarily found in the Act on Freedom of Business Activity, the Tax Ordinance, the Act on Goods and Services Tax and the Act on the Social Insurance System.
The obligation to hold a business bank account is imposed on entrepreneurs meeting indicated conditions by the Act on Freedom of Business Activity.
According to the wording of Article 22 (1) (1,2), making or accepting payments related to business activity is carried out through the entrepreneur's bank account every time when simultaneously the following two conditions are met:
- The party to the transaction from which the payment arises is another entrepreneur, and
- The single value of the transaction, regardless of the number of payments arising from it, exceeds the equivalent of EUR 15,000.00 converted into Polish złoty according to the average exchange rate published by the National Bank of Poland on the last day of the month preceding the month in which the transaction has been concluded.
Additionally, in Article 22 (1) (3) the legislator indicates, that an entrepreneur who is a member of a cooperative savings and credit union may fulfill this obligation through an account in that cooperative savings and credit union.
According to Article 61 of the Act of August 29, 1997 - Tax Ordinance, payment of taxes by taxpayers conducting business activity, obliged to keep accounting books or a tax revenue and expense ledger, is made by means of a the transfer order. A transfer order also applies for payments of taxes levied by remitters, if remitters meet conditions mentioned above. Provisions of the tax Ordinance additionally provide the possibility for entities which are micro-entrepreneur, within the meaning of the Act on Freedom of Business Activity, to pay taxes also in cash, for example through the post office, at the cash counter in the tax office or to its account through a bank, a post office or a cooperative savings and credit union.
Thus, the Act does not directly impose an obligation to conduct tax settlements through a business bank account. According to Article 87 (2) of the Act on Goods and Services Tax (VAT), the refund the tax difference is made to the taxpayer's bank account, thus resulting with a necessity of holding a business bank account by the entrepreneur.
According to Article 47 (4b) of the Act on the Social Insurance System, a contribution payer is obliged to pay claims related to contributions for social insurance, health insurance, the Labor Fund and the Fund of Guaranteed Employee Benefits in cashless form by charging the bank account of the contribution payer.
On the basis of these quoted provisions, it should be noted that in certain, specific situations, the entrepreneur is required to make settlements through the business bank account. This takes place for example when he hires employees and, as a remitter, makes settlements on their behalf to the Social Security Institution, as well as when he is obliged to pay and receive a VAT refund, and in a situation described in Article 22 (1) (1,2) of the Act on Freedom of Business Activity.
Taking into account the multiplicity of business events, the entrepreneur is obliged to make use of a bank account.
The above does not mean though, that it is necessary to set up a business bank account (intended exclusively for operations related to business activity). The entrepreneur may use his own personal bank account (an account of a natural person). It must be stressed though, that it must be a bank account, which has only one holder - for example, if spouses have a joint bank account, it cannot serve the purposes of conducting business activity, since it cannot be attributed solely to the entrepreneur.