What is it about?
Polish regulations stipulate that the other party to the transaction must be provided with a statement on the so-called large entrepreneur status[1]. The requirement for a declaration leads to practical difficulties, especially for entities that enter into a lot of contracts.
Who is affected?
This applies to companies that have exceeded at least one of the following values in the last 2 fiscal years:
• had average annual employment of at least 250 employees,
or
• had an annual turnover of not less than EUR 50 million or their annual balance sheet total was not less than EUR 43 million[2].
Sanctions?
Failure to submit a statement or submission of a statement inconsistent with the actual status is punishable by a fine.
What are the implications?
In practice, it is worth examining the company’s status with respect to the above criteria once a year and – if the company meets the criteria for a large entrepreneur including the appropriate statement in the used models of contracts.
What else do you need to know?
When determining the status of a large entrepreneur, data on “partner” and affiliated companies are also taken into account, which is added up with employment and financial data on the company under examination.
Thus, the status of a large entrepreneur may be held, for example, by companies belonging to international groups, even if their individual data, taken alone, do not exceed the above thresholds.
[1] Different acts define a ‘large entrepreneur’ differently and the same entities may have different status under different regulations.
[2] Companies that exceeded one of the stated financial thresholds, but had fewer than 250 employees, retain their SME status
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