The 3 routes to claim a VAT refund in Poland
Your VAT refund in Poland depends on your situation: your place of establishment and your Polish VAT registration status. For a full overview of Polish VAT rates and rules, see our VAT in Poland guide.
Comparison of the 3 procedures
| Situation | Procedure | Deadline | Processing time |
|---|---|---|---|
| EU company without Polish VAT number | 8th Directive (Directive 2008/9/EC) | 30 September year N+1 | 4 months (extendable to 8) |
| Non-EU company without Polish VAT number | 13th Directive (Directive 86/560/EEC) | 30 September year N+1 | 6 months |
| Company with Polish VAT number | VAT return (JPK_V7) | Each filing period | 60 days (25 or 180 depending on case) |
If you have no taxable transactions in Poland, the 8th or 13th Directive is always faster than a VAT registration. Registration only makes sense if you run recurring operations in Poland (local sales, stock warehousing, etc.).
8th Directive refund — step by step
The 8th Directive (Directive 2008/9/EC) applies to companies established in an EU Member State, VAT-registered in their home country, and with no Polish VAT number.
Eligibility conditions
To qualify for an 8th Directive refund, your company must meet three cumulative conditions:
- Be VAT-registered in another EU Member State.
- Have no fixed establishment, registered office or permanent presence in Poland.
- Have carried out no taxable transactions in Poland during the refund period (except transport services and supplies subject to reverse charge).
How to file your claim
The claim is filed electronically via the tax portal of your country of establishment, not directly in Poland. Your national tax authority then forwards the file to the Polish administration.
- Log in to the foreign VAT refund portal of your country (in France: impots.gouv.fr, business account).
- Complete the electronic form, indicating Poland as the country of refund.
- Attach digital copies of invoices (mandatory above EUR 1,000 net per invoice, or EUR 250 for fuel).
- Specify the nature of expenses using the EU harmonised codes.
- Validate and sign electronically: your tax authority forwards the file to Poland.
Minimum amounts and deadlines
- Minimum amount: EUR 400 for a period of 3 months to less than a year, or EUR 50 for a full calendar year.
- Deadline: 30 September of the year following the one in which the VAT was incurred.
- Processing time: the Polish tax authority has 4 months to reply, extendable to 8 months if additional documents are requested.
- Payment: within 10 business days of a favourable decision, in PLN only.
The refund is paid in PLN (Polish złoty) to a bank account able to receive PLN. Prepare a multi-currency account or a PLN-compatible IBAN — otherwise your refund will be blocked.
13th Directive refund — step by step
The 13th Directive (Directive 86/560/EEC) applies to companies established outside the European Union.
Required documents and procedure
Unlike the 8th Directive, the claim is filed directly with the Polish tax authority, specifically the Second Tax Office of Warsaw-Śródmieście (Naczelnik Drugiego Urzędu Skarbowego Warszawa-Śródmieście).
Documents to provide:
- Completed VAT-REF form.
- Tax residency certificate proving that your company is VAT-liable in its country of establishment.
- Original invoices showing Polish VAT.
- Power of attorney if you use an agent or fiscal representative.
- Bank details (IBAN/SWIFT) of an account capable of receiving PLN.
Processing time: 6 months from receipt of the complete file. Payment is made in PLN.
Fiscal representation for the 13th Directive
A fiscal representative in Poland is not legally required for the 13th Directive, but it is strongly recommended for non-EU businesses handling the 13th Directive process.
Since Brexit, UK companies fall under the 13th Directive for Poland. The good news: Poland signed a reciprocity agreement with the United Kingdom. The bad: deadlines are longer than under the 8th Directive — expect 6 months minimum instead of 4.
VAT refund through the Polish VAT return
If your company is VAT-registered in Poland, you reclaim VAT directly through your monthly Poland VAT return (JPK_V7 file). It is the most direct route, but it means you have Polish VAT obligations: monthly returns and EC Sales List and INTRASTAT in Poland.
How the JPK_V7 refund works
When your input VAT exceeds your output VAT over a given period, the VAT credit can either be:
- Carried forward to the next period (default option): the credit offsets your next return.
- Refunded to your bank account by ticking the relevant box on the JPK_V7 form (field P_54).
Refund times: 25, 60 or 180 days
| Deadline | Condition |
|---|---|
| 25 days | The company uses Poland's split payment mechanism and meets the reliability conditions. |
| 60 days | Standard deadline: the company carried out taxable transactions during the period. |
| 180 days | No taxable transaction reported during the period (reduced to 60 days if the company provides a bank guarantee). |
The Polish tax authority can extend the 60-day deadline if it decides to review your return. In that case, the refund is suspended until the audit ends. Keep all your purchase invoices for 5 years from the end of the calendar year.
Which expenses qualify for a VAT refund in Poland?
Poland applies strict rules on VAT deductibility. These rules apply equally to a directive-based refund and to deduction through the VAT return. Every expense must be directly linked to a taxable economic activity.
100% deductible expenses
- Participation fees for trade fairs, exhibitions and professional conferences.
- Rental of exhibition stands.
- Transport of goods (road, sea, air freight).
- Public transport and taxis (on presentation of a VAT invoice).
- Commercial vehicles (above 3.5 tonnes or designed for goods transport).
- Professional services (consulting, translation, technical expertise).
- Business telecommunications.
Partially deductible expenses (50%)
- Passenger cars (purchase or leasing): 50% VAT deductible unless the vehicle is used exclusively for business purposes (with a mileage register).
- Fuel (petrol, diesel, LPG) for passenger cars: 50% VAT deductible.
- Maintenance and repair of passenger cars: 50%.
To recover 100% of VAT on a vehicle, you must declare it as used exclusively for business purposes with the tax authority and keep a detailed mileage register (ewidencja przebiegu pojazdu — vehicle mileage log).
Non-deductible expenses
| Expense category | Deduction rate | Comment |
|---|---|---|
| Hotel accommodation | 0% | Non-deductible, except when re-invoiced as part of tourism services. |
| Restaurants and catering | 0% | Non-deductible, except for passenger transport companies. |
| Entertainment expenses | 0% | Entertainment, client gifts, festive events. |
| Alcohol | 0% | Non-deductible under any circumstances. |
This is the classic trap. My clients attending trade fairs in Poland are often caught off guard: VAT on hotels and restaurants is not recoverable — unlike Germany or France. Focus your refund claims on stand rental, transport and professional services: that's where the meaningful amounts are.
How long does the Polish tax authority take to refund?
| Procedure | Standard deadline | Extended deadline | Payment |
|---|---|---|---|
| 8th Directive | 4 months | Up to 8 months (request for additional info) | 10 business days after decision |
| 13th Directive | 6 months | Variable (depending on complexity) | After favourable decision |
| VAT return (standard) | 60 days | Extendable in case of audit | Bank transfer in PLN |
| VAT return (fast-track) | 25 days | Conditions: split payment + reliability | Bank transfer in PLN |
| VAT return (no transactions) | 180 days | Reduced to 60 days with bank guarantee | Bank transfer in PLN |
In practice, well-prepared 8th Directive files are processed in 3 to 4 months. Incomplete files or ones with non-compliant invoices can take over a year. The quality of the initial preparation makes all the difference: a solid file avoids back-and-forth with the administration.
FAQ
Can I recover VAT on hotels in Poland?
No. Polish law excludes hotel accommodation from VAT deduction (Article 88 of the Polish VAT Act). This rule applies whether you go through the 8th Directive, the 13th Directive or your Polish VAT return. The only exception is for tourism companies that re-invoice accommodation as part of travel packages.
What are the minimum amounts for a refund claim?
For the 8th and 13th Directives: EUR 400 if the period covers between 3 months and less than a year, and EUR 50 for a full calendar year. For Polish VAT recovery, Eurofiscalis recommends grouping your invoices over the year to simplify the file.
My company is outside the EU and my country has no reciprocity agreement — what do I do?
Without reciprocity, the 13th Directive does not apply. Your only option is a Polish VAT registration through a fiscal representative. You will then deduct VAT via your monthly JPK_V7 returns. This option involves ongoing Polish VAT reporting obligations.
Can I recover 100% of VAT on fuel in Poland?
Yes, but only if the vehicle is declared as used exclusively for business purposes and you keep a detailed mileage register (ewidencja przebiegu pojazdu). Without this declaration, the deduction is capped at 50%. The rule also applies to leasing and vehicle maintenance.
Is the VAT return more advantageous than the 8th Directive?
If you have recurring operations in Poland (local sales, stock), VAT registration is preferable because you reclaim VAT in every period. It also secures your B2B invoicing in Poland. If you only have occasional expenses (trade fair, business trip), the 8th Directive is simpler because it avoids ESL and INTRASTAT obligations in Poland.
Countries concerned