Ladies and gentlemen,
at the request of the „Republic of Poland”, the Ministry of Finance has issued a communique according to which entrepreneurs settling taxes on the payment of a foreigner who does not have a PESEL number will be able to enter 999 99 99 99 instead.
This means that thousands of entrepreneurs employing foreigners will be able to breathe a sigh of relief. It concerns over 2 million employees, for whom it will be necessary to send a PIT – 11.
What caused particular concern among employers?
It concerns the amendment of the PIT Act from last year. It introduced an obligation to send tax returns electronically. This applies both – to employees and clients. A particular problem aroused a problem with the PESEL number – especially its lack of some foreigners. By way of exception, tax offices agreed to write only nine in place of the missing PESEL number among foreigners.
Many entrepreneurs wondered whether the above solution would also apply to settlements for the next one – 2019. Otherwise, rejection of tax returns by the system would mean a rejection of tax declarations and offense of fiscal law ranging from PLN 225 to PLN 45 thousand.
It was all the more surprising because the owner of the company is not guilty of missing the PESEL number. Having a PESEL number is in the interest of a foreigner coming to Poland. It is the foreigner who has to submit an application. Unfortunately, very often the owner of the flat does not agree to the foreigner’s registration and the municipal or communal office has the right to refuse to grant the PESEL number. Prolonging the proceedings in the office is also a problem.
It should also be noted that the Ministry of Finance has also initiated legal changes which will make it easier for foreigners to obtain a PESEL number. This applies especially to those foreigners who are obliged to pay taxes in Poland. The above changes will also significantly facilitate the lives of employers who employ non-resident foreigners.