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Central Register of Invoices and Central Database of Invoices in Poland – Polish e-revolution from 2022

What is the Central Register of Invoices and the National e-Invoice System

Poland as the fourth country of the EU countries decided to introduce the Central Invoice Register as another mechanism to prevent fraud against VAT. The Central Invoice Register is also known as the Central Invoice Database or the National e-Invoice System. It is a system that brings together all the invoices issued by entrepreneurs. It was established in order to tighten the tax system and prevent tax fraud. The Polish National e-Invoice System began its operation on 1 January 2022 under the Act of 29 October 2021 amending the Act on Value-added Tax and certain other acts (Journal of Laws of 2021, item 2076). The National e-Invoice System (NeIS) allows structured invoices to be issued and made available. On the basis of Art. 106nb of the Act on Value-added Tax of 11 March 2004, NeIS can be used by taxpayers, entities indicated by the taxpayer (e.g. an accounting office), enforcement bodies specified in the Act on Enforcement Proceedings in Administration of 17 June 1966 and court bailiffs performing enforcement actions within the meaning of the provisions of the Code of Civil Procedure in cases indicated in Art.106c of the VAT Act, natural persons indicated by such entities, natural persons indicated in the notice on granting or withdrawing the right to use the National e-Invoice System to whom the taxpayer or entities referred to in Art. 106c of the VAT Act have granted the right to use this system, entities other than listed, indicated by natural persons using the National System for e-Invoices, if the right to indicate another entity results from the rights granted to such natural persons.

Tasks and aims of the Central Invoice Register

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NEW YORK OFFICE

One World Trade Center – KG Legal’s new office in New York (International Branch)

KG Legal’s office in New York:
One World Trade Center, 85th Floor, New York, NY 10007, USA

KG LEGAL KIEŁTYKA GŁADKOWSKI has its address in New York, which allows direct contact and exchange of information with international Clients of the Polish law firm operating in Poland and investors from the United States, among others under the Istart1 program.

KG LEGAL KIELTYKA GLADKOWSKI has launched a new programme of accelerating international capabilities of our law firm. As a separate branch named iSTART1 (https://www.istart1.com), based in the Lower Manhattan at One World Trade Center, 85th Floor, New York, NY 10007, USA, we have differentiated our aim to develop our international legal assistance in two fields. There are two groups of our global services related therewith: on the one hand, there is transaction advisory assistance (we advise on the content of contracts, how to secure payments and the rules of international acquisition and merger of companies); and on the other hand, we offer investment advisory services. We promote cooperation between start ups and venture partners and assist in serving their transactions. These two types of services have one common goal in the form of acceleration of business (this is always the primary goal of our services).

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GUIDELINES FOR THE EVALUATION OF MEDICAL DEVICES IN POLAND – MEDICAL TECHNOLOGY ASSESSMENT

Poland has in place a system of guidelines for the evaluation of medical devices. The purpose of the guidelines is to indicate principles and acceptable methods for conducting the medical technology assessment process for medical devices, ensuring high quality analysis and reliability of the results.

The guidelines refer to the medical devices applied for in order to be covered by the guaranteed benefit status as defined in art. 15 par. 2 item 14 of the Polish Act on health care services financed from public funds (Journal of Laws 2020, item 1398, as amended), and which are processed in accordance with art. 25 of the Polish Act of 12 May 2011 on reimbursement of medicines, foodstuffs for particular nutritional uses and medical devices (Journal of Laws 2020, item 357, as amended) and which meet all of the following criteria:

(a) are mass produced;

(b) are intended for use by an individual patient;

(c) are materially superior to products currently receiving public funding, the burden being on the applicant to demonstrate the claimed superiority;

(d) are therapeutic medical devices or are used for prophylaxis (they are not diagnostic medical devices).

When the medical device contains a drug product, the documentation should address the requirements described in the Health Technology Assessment Guidelines (Version 3.0) developed for drug technologies.

DEFINITION OF MEDICAL DEVICES AND MEDICAL TECHNOLOGY ASSESSMENT UNDER POLISH LAW

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THE POLISH PUBLIC CYBERSECURITY FUND

In January 2022 there have entered into force the provisions of the Polish law on special rules for the remuneration of persons performing tasks in the field of cyber security, which, among other things, provide for the creation of the Polish Cyber Security Fund, which will be used to finance salary supplements for persons engaged in cyber security.

HIGHER EARNINGS OF SPECIALISTS WORKING FOR MAJOR OFFICES IN POLAND

ICT benefit, which is a salary or emoluments allowance, is to be provided to persons performing tasks in a national level CSIRT; in cybersecurity authorities; persons who serve the Plenipotentiary for Cyber-security, as well as persons who perform tasks related to ensuring cyber-security in, among others, the Internal Security Agency, the Foreign Intelligence Agency, the Central Anti-Corruption Bureau, organizational units subordinate to the Prime Minister or to ministers, the Chancellery of the Prime Minister or in offices serving ministers, the Police or the State Protection Service.

The amount of remuneration for the work, including the ICT benefit, cannot exceed twenty-one times the base amount for members of the civil service corps specified in the Budget.

WHAT IS THE POLISH PUBLIC CYBER SECURITY FUND?

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E-DELIVERY IN PUBLIC ADMINISTRATION IN POLAND – CHANGES ALSO FOR CORPORATE ENTITIES IN POLAND

As for service procedure of documents in Poland until present, the common form was a paper letter that had to be sent with an acknowledgement of receipt. The changes introduced by the 2019-2021 amendments to the Polish administrative procedure, particularly the 2021 amendment on electronic service, are intended to effectively change the way parties are informed about the stages in the procedure. The changes move correspondence with government entities to an electronic level. From 5 October 2021, there have entered into force the changes which concern, among others, the principle of written documents (Article 14 of the Code of Administrative Procedure), provisions on the power of attorney (Article 33 of the Polish Code of Administrative Procedure ), time limits (Article 35 of the Polish Code of Administrative Procedure), reminders (Article 37 of the Code of Administrative Procedure), service (Articles 39-49 of the Code of Administrative Procedure), summons (Articles 50, 54 of the Code of Administrative Procedure), time limits (Article 57), or commencement of proceedings (Articles 61, 63 of the Code of Administrative Procedure).

ELECTRONIC DELIVERY – DEFAULT DELIVERY METHOD

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