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Fuel industry in Poland

VON ZANTHIER & DACHOWSKI
Fuel industry
 

Fuel industry in Poland: One-stop services for companies

We offer companies in the fuel sector a comprehensive service in Poland, ranging from setting up a business, investing and obtaining the necessary permits and licences to ongoing consultancy. For companies issuing fuel cards, we offer a package of services that enables quick and effective entry into the Polish market within the concession industry.

Who do we support?

We can help you in particular if you are dealing with the following challenges:

  • If you are an international company operating in the fuel sector, you do not know what your obligations are when it comes to VAT registration and accounting

  • You want to secure the right to deduct input tax for issued fleet cards (fuel cards) by adjusting contracts with suppliers and obtaining individual tax interpretations

  • You must obtain a licence to trade in fuels and fulfil the reporting obligations associated with your licence

  • You are making an investment to build a petrol station and need a partner to take care of your entire investmen

  • You are concerned about the legal and financial risks associated with operating in the fuel industry, including fines and penalties for non-compliance

How can we help?

We support our clients primarily in the following areas:

VAT registration and VAT compliance:

We specialise in VAT accounting for international companies, including those operating in the fuel industry

Securing the right to deduct input tax:

For companies that issue fuel cards, we secure the right to deduct input tax by adapting the contracts with suppliers accordingly and obtaining an individual tax interpretation from the authorities

Legal advice for investments:

We offer legal support in the investment phase, covering the establishment or acquisition of companies, ongoing business activities, the purchase of real estate and the construction of your own petrol station

Concessions in the fuel sector:

We procure concessions for the national and international trade in liquid fuels. We assist with the reporting obligations in connection with the granted concession, including the correct calculation of the concession fee

Energy Regulatory Office ( URE ):

We represent clients in proceedings before the President of the Energy Regulatory Office, including ordinary administrative proceedings

Learn more

Our clients with an interest in the fuel industry often use our services for VAT compliance , ongoing tax advice , accounting in poland , real estate and construction .

Read more

Why is it worth it?

It's worth making use of our services, because:

  • We understand you:

    thanks to our many years of experience in the fuel industry, we know exactly the special features and challenges you face

  • From a single source:

    We combine legal, tax and accounting services to cover the majority of your business administration needs

  • Turnkey solutions:

    Thanks to our experience in this area, we have proven and efficient solutions that we can implement immediately

  • We are careful:

    the fuel industry is highly regulated, so many problems can arise due to legal requirements. We always keep an eye on current legislation and can therefore take measures in advance to avoid problems and minimise risks

Let's talk

Find out how we can support your company in relation to the fuel industry. Make an appointment for a consultation and let us know your needs.

Contact us

Your experts in Poland: fuel industry

FAQ

When should I register for VAT in Poland?

As a fuel company, you may have to register as a VAT payer in Poland if, among other things, you

- Sell fuel in Poland, also by means of fuel/fleet cards

- Sell goods from Poland to other EU or non-EU countries or buy goods from the EU in Poland

Registration must take place at the competent tax office before the first activity subject to VAT is commenced in Poland.

Is a licence for trading in liquid fuels required for the supply of fuels at Polish petrol stations using fuel cards?

The sale of fuels at Polish petrol stations using fuel cards may require a licence for trading in liquid fuels. The sale of fuels using fuel cards can be considered as trading in liquid fuels, for which an appropriate licence is required. Carrying out such an activity without the required licence carries the risk of criminal liability. It is advisable to check whether a licence is required before commencing activities in Poland.

Can a foreign company obtain a licence to trade in liquid fuels in Poland?

Yes, foreign companies can obtain a licence to trade in liquid fuels in Poland. A licence is required to carry out activities related to trade in fuels, including trade in fuel/fleet cards. Foreign companies that have their registered office or place of residence in a Member State of the European Union, Switzerland, EFTA - a contracting party to the Agreement on the European Economic Area - or Turkey may also obtain a licence. Before applying for the licence, the foreign entity should also register for tax purposes, including VAT, in Poland.

Is obtaining a licence in Poland associated with additional obligations or fees?

Yes, the granting of a licence to trade in liquid fuels in Poland is associated with additional obligations and fees. A fee of PLN 616 must be paid to apply for a licence. The applicant must also attach a number of certificates to the application, which may be subject to lower stamp duties.

Once the concession has been granted, the concessionaire is obliged to pay an annual concession fee. It is calculated as 0.0003 of the net revenue from the concession activity in the previous year. This fee may not be less than PLN 1,000 or more than PLN 2,500,000.

In addition, the Energy Regulatory Authority (URE) monitors the activities of the concessionaire after the concession has been granted and checks whether the concessionaire is actually carrying out the licensed activities. The concessionaire is also obliged to comply with the conditions set out in the concession decision and to notify the energy regulatory authority of any circumstances that have a significant impact on the concession.

I am a foreign company that does not have a permanent place of business in Poland. I am not obliged to issue and receive invoices via the national electronic invoicing system (KSeF). Can I continue to operate in Poland after the introduction of KSeF?

Yes, as a foreign company that does not have a permanent place of business in Poland, you are not obliged to use the national system for electronic invoices (KSeF) . Although most companies in Poland are required to use the KSeF system, which makes the distribution of invoices outside this system rare, you can still operate effectively on the Polish market.

However, it is worth preparing adequately for these changes and ensuring communication with customers and suppliers in Poland. We support you in designing the right processes to ensure the smooth exchange of documents and compliance with local regulations.

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