Obtaining the status of an excise entity and approval for coal brokerage

On December 5, 2022, MBF Group SA received notification from the delegated entity, the Director of the Tax Administration Chamber in Poznań, that the Issuer’s applications had been granted. According to the decision communicated, the company was included in the list of intermediate coal entities registered in the Central Register of Excise Entities and the list of excise tax payers.

Activities subject to excise taxes relate to heating fuels – including LPG. In terms of an intermediate coal entity, the Issuer has obtained a permit for sales and import and export. The said decision has a significant impact on the development and further activities of the Issuer in the field of brokerage and trading, direct purchase and sale of goods and acting as a broker.

The essence of the institution of an intermediate coal entity is to facilitate the duty of entities operating in the coal industry to determine whether these entities carry out a transaction subject to excise taxes or whether it is a non-tax transaction. This is important because of the stipulated in Art. 31a of the Law of December 6, 2008. On excise tax (consolidated text: Journal of Laws of 2014, item 752, as amended) – hereinafter referred to as u.p.a., a wide range of exemptions from excise tax for activities subject to this tax, the subject of which are coal products intended for heating purposes. In accordance with Art. 16 para. 3b u.p.a., the competent head of the customs office shall, without undue delay, confirm in writing the acceptance of the notification of the intention to start business as an intermediate coal entity. This confirmation should include the data referred to in Art. 16 para. 3a u.p.a., and the designation of the confirming authority.