You will not include the interest on tax arrears in the KPiR
Obligation to independently calculate the advance payment for PIT
Since 2007, entrepreneurs are not required to submit PIT returns to the tax office for monthly or quarterly settlement of advance payments for income tax. They only need to be calculated and paid to the tax office in a timely manner. The deadlines for paying advances are set out in Art. 44 sec. 6 of the PIT Act. The frequency of payments depends on the method of billing - monthly or quarterly. Monthly advances on income are paid by the 20th of each month for the previous month. Quarterly advances are paid by taxpayers by the 20th day of each month following the quarter for which the advance is paid.
The advance payment for the last month or the last quarter of the tax year shall be paid by the taxpayer by January 20 of the following tax year. The taxpayer does not pay the advance payment for the last month or quarter, respectively, if he submits a return and pays the tax before the deadline for its payment.
Failure to pay on time = interest on tax arrears
Pursuant to Art. 51 par. 1 of the Tax Ordinance, the tax arrears are tax unpaid on the payment date. So an entrepreneur who has not paid the advance payment for income tax within the statutory deadline must take into account the obligation to calculate and pay interest. This obligation results from Art. 53 paragraph 1 and par. 2 of the ordinance.
The current rate of interest on tax arrears is 10%.
Default interest is not charged if the amount does not exceed three times the value of the fee charged by Poczta Polska for treating the letter-post item as a registered item. Currently, this amount is PLN 8.70.
The taxpayer may independently calculate the amount of interest on tax arrears due to the tax office or do it using specialized calculators.
Interest on tax arrears as a cost in the KPiR?
For the cost of obtaining revenue in accordance with art. 22 sec. 1 of the PIT Act, those expenses are considered those expenses that were incurred in order to achieve revenues or to preserve or secure their source - with the exception of the costs listed in art. 23.
While, in the opinion of taxpayers, the interest paid should constitute a cost, art. 23 sec. 1 point 18 of the Act clearly indicates that this is impossible.
art. 23 sec. 1 point 18 of the PIT Act
"Interest on late payment for late payment of budget receivables and other receivables to which the provisions of the Act of August 29, 1997 - Tax Ordinance apply."
In connection with the above, interest on tax arrears cannot constitute a tax cost either at the time of charging or on the date of their settlement. Therefore, the taxpayer keeping the revenue and expense ledger does not take into account the interest paid on tax arrears, because this register includes only those expenses that constitute the company's costs, in accordance with art. 22 sec. 1 of the PIT Act.