The possibility of placing the cost of purchasing the coronavirus test is due to the Corporate Income Tax Act and was further confirmed in the messages of the Director of National Tax Information, as well as in the explanations issued by the Ministry of Finance. In addition, employee testing can be considered an employer's obligation, as confirmed by labour law.
In accordance with the Act
Placing in a KUP is included in Article 15(1) Corporate Income Tax Act, according to which costs are considered to be those incurred in order to generate revenue from the source of income or to preserve or secure the source of revenue.
Act Article 16(1) excludes some expenses from the cost catalogue, but we do not find any tests on Covid among the non-costs of obtaining revenue, and so for this moment they can be placed in the CUP, regardless of what contract they are covered.
The protection of the health of the worker, and hence the continuity of work, by testing on Covid also applies to self-employed people.
The employer is responsible for the health and safety of the workplace and is obliged to protect the health and life of workers by ensuring safe and hygienic working conditions with appropriate use of scientific and technical achievements
Explanations of the Minister of Finance
On 21 July 2020 The Ministry of Finance has issued a position in which it brings the question of the so-called peri-epidemic expenditure, including tests on Covid, disinfectants. Although the explanation does not have binding legal force, it is an argument confirming the above-mentioned understanding of the law.
If an entrepreneur incurs expenditure resulting from the obligation to conduct health and safety at work (business) or the guidelines or recommendations of bodies (institutions) competent in the area of health safety, or from its own decision and rational action against the risk of epidemic (epidemia), such expenditure shall constitute the cost of obtaining revenue within the meaning of the Article 15(1) CIT and Article 22(1) PIT laws, if properly documented.
As an example of such expenditure, you can indicate the purchase of protective masks for workers, a helmet or the financing of coronavirus tests for workers.
Testing as an employer's obligation
The position of the MF also refers to labour law, according to which, Article 207 § The Labour Code, the employer is responsible for the health and safety of the workplace and is obliged to protect the health and life of workers by ensuring safe and hygienic working conditions with appropriate use of scientific and technical achievements.
All expenses related to this belong to the employer. An employee may demand respect for this right, especially if the employer does not allow remote work, or if the nature of the work prevents work from working from home.
Individual interpretations of putting tests into costs
In addition to the position of the Ministry of Finance, we also have a similar position as Director of KIS, who 30 October 2020 He wrote about the signature. 0111-KDIB1-3.4010.424.2020.1.APO.
It states that the expenses incurred by the employer to purchase for workers medicines and medicinal products that strengthen the immunity of the organism during the epidemic, as well as other preparations issued to workers in order to strengthen their immunity during the epidemic and vaccination against influenza, constitute/will constitute the cost of obtaining revenue on the basis of Article 15(1) u.p.d.o.p.
Fiskus did not have the right to put strict testing into the company's costs, but unofficially sanctioned this possibility in a position issued as an answer to the question of the Rzeczpospolita journal. It states that it can be considered that expenditure on testing all employees has been incurred in the company's interests.
The study is necessary to ensure safety in the workplace. Expenditure is therefore at the expense of obtaining revenue. The rules do not prohibit their clearing.
It can therefore be concluded that until the Covid tests are included in the bill in the cost register, which does not represent the cost of obtaining revenue, they can be accounted for, and they should be documented accordingly, so we have to obtain confirmation of the purchase of the test.