For people who continue their activities, the key date is therefore February 20th. However, at the beginning of 2023, entrepreneurs who in 2022 decided to liquidate under the dry coupon or dry coupon regime on registered income will also be able to choose the form of liquidation for 2022 (i.e. switch retroactively to taxation on general income terms throughout 2022). This opportunity was given to them by the regulations in force since the beginning of July 2022.
You must inform the head of the tax office of your choice.
Difficult choice for entrepreneurs
– Entrepreneurs should practically simultaneously decide how they want to settle for 2022 and choose the settlement method for 2023. This requires both an analysis of revenues and costs for the coming year, but it is also necessary to try to estimate costs and enter next year. However, obviously, the deadline for choosing the method of taxation for 2023 falls earlier, on February 20, while choosing the method of liquidation for 2022 is possible until May 2, says Michał Wodnicki, tax consultant and partner of Crido .
In his opinion, both elections will not be easy, because there is still uncertainty about the application of some tax solutions that have been introduced since the end of June 2022. He pointed to the health insurance premium as an example.
– In the case of the flat tax, similar to the general rules, there is no limit to the amount of the health contribution. Therefore, attention should also be paid to the health insurance premium as an element of the parafiscal burden. It is relatively the lowest in the case of settlement with the use of a lump sum – says Wodnicki.
It adds that in the case of liquidations, especially with the use of a lump sum, the risk of additional payment to the health contribution should be taken into account, because thresholds are used in its calculation.
With revenues up to 60 thousand. PLN, the monthly premium is PLN 335.94, with income ranging from PLN 60,000 to PLN 300,000. PLN – is PLN 559.89 and above PLN 300,000. – the monthly premium is PLN 1,007.81.
He stressed that if someone in 2022 decided to pay using a lump sum and is now considering paying for 2022 using general rules, they should be reminded of the documentation issue.
– I am a lump sum person myself and I know what a problem I have with collecting all invoices, as I know that I cannot pay them as a tax liability. Meanwhile, taxpayers who have opted for the flat rate in 2022 and who now want to switch to the general rules must have all the invoices in order to be able to pay them. It should be remembered that taxpayers who settle under general conditions must keep a book of income and expenses, and therefore have the documentation certifying the tax charges incurred – says Michal Wodnicki.
Another element that must be taken into consideration when deciding to change the liquidation rules for 2022 is the question of depreciation.
– If someone switched to a lump sum, they stopped depreciating fixed assets. Now, if he decides to go back to the transaction under general terms, he should actually do a complete inventory and check what could depreciate, review all costs,” Wodnicki said.
The problem isn’t just for entrepreneurs
The expert also added that taxpayers who are not entrepreneurs can also have problems with tax settlements. In accordance with the regulations, they will file their tax returns according to the applicable rules after 30 June 2022, and the tax administration will check whether they will benefit from the middle class relief (which covered taxpayers with income of PLN 68,412 to PLN 133,692 per year). These are particularly rare situations, however, they can happen in some cases. This may be the case, for example, for some of the employees who use the 50% tax-deductible costs for the transfer of copyright on works created in the context of an employment relationship or for certain individuals not covered by the general social security system (e.g. . policemen).
See also: Debtors will pay taxes on canceled debts