WDT 2026
intra-EU supply of goods with the 0% VAT rate
Intra-EU supply of goods (WDT) means selling goods to another EU country with the right to apply the preferential 0% VAT rate. The benefit is huge — but the technical conditions are detailed. We explain how to properly document WDT, what to do without CMR, when the 0% rate is lost, and how to avoid the most common mistakes.
What WDT is — definition and conditions
Under art. 13 sec. 1 of the Polish VAT Act of 11 March 2004, WDT means the export of goods from Poland to another EU Member State to a taxable person identified for intra-EU transactions.
For a transaction to qualify as WDT, two basic conditions must be met:
- The supplier must be an active VAT payer registered for VAT-EU (with the PL prefix on NIP),
- The buyer must be identified for intra-EU transactions in their country (must hold an active VAT-EU number with their country prefix).
Exception: the supply of new means of transport (vehicles up to 6 months old or under 6,000 km) qualifies as WDT regardless of the VAT status of either party.
If the buyer is a natural person not running a business — there is no WDT. WSTO rules apply (intra-Community distance sales of goods) with an annual limit of 10,000 EUR.
The 0% rate — conditions under art. 42 of the VAT Act
To apply the 0% VAT rate to WDT, all of the following must be met (art. 42 sec. 1):
- The supply was made to a buyer with an active VAT-EU number issued by another Member State,
- The buyer provided this number to the supplier (it appears on the invoice and in the VAT records),
- The supplier holds proof of transport confirming delivery of the goods to the buyer outside Poland before the deadline for filing JPK_V7 for the period,
- When filing JPK_V7, the supplier is registered for VAT-EU.
Risk of losing the 0% rate: the rate cannot be applied if:
- The taxpayer did not file the VAT-EU summary on time (art. 42 sec. 1a),
- The filed summary does not contain correct delivery data,
- The buyer did not have an active VAT-EU number on the transaction date (status checked in VIES — see VIES — buyer verification),
- Transport documents are not received on time.
If the 0% rate is lost, the supply is taxed at the domestic rate (usually 23%) — the additional VAT comes out of the supplier's pocket.
Tax point — when the obligation arises (art. 20)
Under art. 20 sec. 1 of the VAT Act, the WDT tax obligation arises:
- On the date the invoice is issued by the taxpayer, or
- No later than the 15th day of the month following the month of supply — if the invoice was not issued in time.
Example 1. Sale on 20 May 2026, invoice issued 12 June 2026. Tax point: 12 June 2026.
Example 2. Sale on 20 May 2026, invoice issued only on 18 June 2026. Tax point: 15 June 2026 (the 15th of the month after supply — earlier than the invoice date).
Continuous deliveries over one month — the obligation arises at the end of each month until the deliveries end.
Advances on WDT: do not trigger a tax point and require no advance invoice. This is an important difference from domestic sales.
Tax base and exchange rate
Under art. 29a sec. 1 of the VAT Act, the WDT tax base is everything that constitutes payment received or due from the buyer. This includes:
- The goods price,
- Customs duties, fees, taxes (excluding VAT itself),
- Additional costs: commissions, packaging, transport, insurance — when invoiced by the supplier.
Foreign currency exchange rate: the average NBP rate from the day before the tax point applies (art. 31a). Alternatively, the taxpayer may use the ECB rate from the same day — the choice is made for the whole tax year.
Transport documents — what to keep
Art. 42 sec. 3 of the VAT Act lists documents confirming transport from Poland to another EU country. Together they must unambiguously prove that the goods reached the buyer in another Member State:
- Transport documents — CMR (international road consignment note), AWB (air waybill), Bill of Lading (sea), CIM (rail),
- Packing list with description of type, quantity, parameters,
- Sales invoice with PL prefix at the supplier and prefix of the buyer,
- Correspondence with the buyer confirming receipt (signed email, order confirmation, acceptance protocol).
Not all documents are required — a set that together proves export is sufficient. Photocopies, faxes and scans are accepted (confirmed by art. 180 §1 of the Tax Ordinance).
No transport documents in time: in the first period after WDT, the taxpayer reports the supply as domestic (23% rate). If documents arrive by the deadline for filing JPK for the second period, the taxpayer may correct — apply the 0% rate and recover VAT. If documents never arrive, the 23% VAT stays with the seller.
Obligation to file the VAT-EU summary
Every WDT transaction must be reported in the VAT-EU summary information — full guide in the article VAT-EU summary information 2026.
Key points:
- Deadline: by the 25th day of the month following the transaction month,
- Form: electronic only (no paper version),
- Mode: monthly (there is no quarterly VAT-EU),
- Omission or error results in loss of the 0% rate and possible sanctions.
Three practical WDT examples
Example A — furniture sale to the Czech Republic. Polish carpentry firm (active VAT, PL52602...) sells furniture to a Czech distributor (CZ7654321). Value 30,000 EUR, transported in the supplier's own van on 20 May 2026. Invoice issued 22 May with 0% WDT rate. CMR with the buyer's signature. The transaction is recorded in JPK_V7M for May and in the VAT-EU summary for May (filed by 25 June). ✅ All correct.
Example B — B2B e-commerce to Germany. A JDG sells gadgets through its own shop to a German IT company (DE123456789). Shipment via DHL courier — waybill with tracking number plus invoice. Value 1,200 EUR. 0% rate applied, transaction in VAT-EU for the delivery month.
Example C — buyer's VAT-EU not active. A Spanish client provides a number which, after VIES verification, turns out to be inactive. What to do: a) hold the delivery and ask for an active number, or b) issue an invoice with the Polish 23% rate (domestic transaction). The 0% rate must not be used — sanction risk.
Most common WDT mistakes
- Not verifying the buyer in VIES before delivery — during an audit, the tax office requires evidence of verification on the transaction date. A VIES screenshot with date is critical.
- Failing to recheck the buyer's VAT-EU number — the counterparty may lose registration. Verify before each delivery, especially for large contracts.
- Missing CMR with consignee's signature — a transport document without proof of receipt is not enough. Require the carrier to provide a document with the buyer's signature.
- Late VAT-EU summary filing — past the 25th, even by one day, the office may deny the 0% rate. If you spot an error — immediately file a correction with an explanation.
- No PL prefix on the invoice — the supplier must use PL+NIP, not the NIP alone. A German buyer may refuse to accept such an invoice (problems with deduction in DE).
Frequently asked questions
What if I don't have CMR yet and the JPK_V7 deadline is approaching?
Report the supply as domestic at 23% in JPK_V7 for the current period. After receiving CMR (no later than the JPK filing for the second period after WDT), file a JPK correction and apply the 0% rate — VAT will be recovered. This is the procedure under art. 42 sec. 12 of the VAT Act.
Can I apply the 0% rate when selling to the United Kingdom?
No — since 2021 (Brexit) the UK is not an EU Member State. Sales to GB are exports (0% rate provided you have proof of departure from the EU — IE-599 or MRN). Exception: Northern Ireland with the XI prefix is still treated as EU in goods trade.
Does an advance on WDT generate a tax point?
No. Since 1 January 2013, advances on WDT do not trigger a tax point and require no advance invoice. The obligation arises with the final invoice or the 15th day of the month after delivery.
What VAT rate for IT services to a German company?
IT services are not WDT — they are services for which the place of supply is determined by art. 28b of the VAT Act (buyer's country). You issue an invoice without Polish VAT with the annotation 'reverse charge'; the German buyer accounts for VAT locally. Report the transaction in the VAT-EU summary.
Do I have to file VAT-EU in a month with no transactions?
No. VAT-EU summary is filed only for periods when intra-EU transactions actually occurred (WDT, WNT, art. 28b services). No 'zero' filings. WARNING: 3 months without activity allows the office to deregister you from VAT-EU.
Need help with WDT settlement?
We assist Księgowość 365 clients with one-off WDT transactions (e.g. selling a machine to the Czech Republic) and with continuous deliveries (e-commerce across the EU). We handle proper buyer verification in VIES, transport-document collection, JPK_V7 records, and timely VAT-EU summary filing.
For Sp. z o.o. and JDG starting EU sales we also configure accounting software to correctly distinguish WDT from domestic sales — preventing the most common cause of 0% rate loss.
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Anna specializes in VAT, KSeF, intra-EU transactions and e-commerce support for small and medium businesses in Poland.