Who is supposed to file the documents and to whom?
Entities that are not recorded in the register of entrepreneurs of the Polish National Court Register but keep accounting books must file the documents to the Head of the Polish National Tax Administration (KAS). In the case of CIT payers, the said documents should be handed over within the deadline of submission of the annual tax return or in other cases, within 15 days from the approval of the financial statement. It should be highlighted that submission of the documents to the Polish National Court Register is tantamount to their submission to the Head of the National Tax Administration.
What are the consequences of submission of the financial statement after the deadline?
Sometimes, the deadlines are not met and often it is not the entity’s fault. Regardless of the reason, the consequences might be dire and the head of the entity is responsible for the submission of the financial statement.
What are the types of liability?
- Criminal liability (Polish Accounting Act)
- Breach of obligations regarding bookkeeping and preparation of the financial statement: Art. 77 of the Polish Accounting Act provides for a punishment of fine, restriction of liberty up to 2 years, or both penalties combined.
- Failure to submit the financial statement to the Polish National Court Register: Art. 79 of the Polish Accounting Act provides for a punishment of fine or restriction of liberty.
- Penal and fiscal liability (Polish Penal and Fiscal Code)
- Failure to submit the financial statement on time is considered as a tax offence subject to a fine (Art. 80b of the Polish Penal and Fiscal Code).
- Compulsory proceedings (Act on the National Court Register)
- The registry court can initiate compulsory proceedings if it notices the lack of required documents. In such a situation, the entity is summoned to file the documents within 7 days, under the penalty of fine. The maximum fine in single proceedings is PLN 15,000 but it can be imposed multiple times, up to the amount of PLN 1,000,000. The proceedings may be canceled, if the court decides that they are ineffective.
- Dissolution of the entity ex officio
- In extreme situations, the registry court can decide to dissolve the entity without liquidation proceedings, if no financial statements were filed for two consecutive years despite of previous notices. In such cases, the entity has 14 days to prove that it holds an estate and conducts activity. Otherwise, it will be removed from the National Court Register.
IMPORTANT! The fine varies depending on the legal grounds: (1) Based on the Polish Accounting Act: the amount of the fine is determined by the court in daily rates, from 10 to 540 rates. Daily rates are calculated according to the provisions of the Polish Penal Code. (2) Based on the Polish Penal and Fiscal Code: the fine depends on the minimum wages. In 2025, based on the minimum wages (PLN 4,666), the minimum fine will amount PLN 467, and the maximum – PLN 93,320.
How to avoid the penalty in case of late financial statement submission?
The best solution is to file the documents as quickly as possible. In the case of compulsory proceedings, the fine can be canceled, if the statement is submitted. It is also possible to take advantage of the so-called voluntary disclosure. Voluntary disclosure is a tool that allows avoiding the penalty for a committed tax offence. It involves admitting one’s fault and making a declaration of fulfilment of the obligations.
How to effectively file voluntary disclosure?
- Prepare a letter to the tax office: the letter should include the details on the entity, the date, the addressee, a detailed description of the violation, admission of guilt, as well as information on fulfilment of the obligations.
- Sign the letter: the document must be signed by the authorized representatives of the entity.
- File the letter: you can do it personally at the Tax Office, electronically through the e-PUAP electronic inbox or through the electronic platform of the Tax Office.
- Wait for the decision: if the voluntary disclosure is accepted, you will not receive a formal notice, but you will avoid the penalty. Otherwise, fiscal proceedings will be commenced.
Legal sources:
- Art. 69, 77, 79 of the Polish Accounting Act
- Art. 24 of the Act on the National Court Register
- Art. 33 of the Polish Penal Code
- Art. 1052 of the Polish Code of Civil Procedure
- Art. 48, 16 of the Polish Penal and Fiscal Code
author: Beata Ślusarczyk, Junior Manager, MDDP Outsourcing Warsaw
