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Category: CIT

Settlement – income and costs

Tuesday, 26 July 2022 by Tomasz Jakubiak

Disputes between entrepreneurs are common in business activities. Some of them end at the pre-trial stage, e.g. by concluding a settlement. What are the consequences of concluding such a settlement in terms of income taxes? Let us consider it on the example of a settlement in which the entrepreneur infringing someone else’s copyright undertakes to

  • Published in CIT

Selected details of CIT amendments

Wednesday, 29 June 2022 by Tomasz Jakubiak

The draft amendment to the CIT Act has been published on the website of the Government Legislation Center – specifying the provisions of the previously commented assumptions: Below we present to you the important issues that have been clarified in this project (in relation to the assumptions). “Tax heaven”-related transactions The draft provides for very

  • Published in CIT

Proposed amendments to CIT Act

Tuesday, 21 June 2022 by Tomasz Jakubiak

We would like to inform you that the proposal to the act amending the provisions of the Polish CIT Act has been published on the website of the Government Legislation Center. The project is to be a response to the demands of the business and advisors in terms of changes introduced by the “Polish Deal”.

  • Published in CIT

Entry into force of changes in the “Polish Deal”

Wednesday, 15 June 2022 by Tomasz Jakubiak

The President signed an act amending the “Polish Deal”. We are waiting for the publication of the act in the “Journal of Laws”. The rules, in principle, enter into force in July. The most important changes include: reduction of the PIT rate from 17% to 12% (under the first tax threshold) for taxpayers settling on

  • Published in CIT

Filing insolvency claim – impact on tax costs

Tuesday, 07 June 2022 by Tomasz Jakubiak

In business practice, there are situations of bankruptcy of contractors. The creditors are then left with unpaid receivables. Some of them wonder whether to report them at all in the pending proceedings. Meanwhile, this circumstance is of great practical importance. At the outset, it is worth recalling that recognition of a bad debt, previously booked

  • Published in CIT

DEBRA – tax deduction on capital

Tuesday, 17 May 2022 by Tomasz Jakubiak

The European Commission presented a proposal of solutions concerning the possibility of deducting the value of the capital increase from the tax base. It is a solution that is to build a “counterbalance” to the currently abused – according to the European Commission – debt financing. The genesis of the proposed solutions goes back to

  • Published in CIT

Judgment: Operating lease costs are not covered by thin capitalization

Thursday, 28 April 2022 by Tomasz Jakubiak

The company leased equipment (locomotives) on the basis of leasing contracts, which for tax purposes were operating leasing (balance sheet financial leasing). The company asked whether the locomotive lease payments constitute debt financing costs within the meaning of the thin capitalization provisions (Article 15c of the Polish CIT Act)? In the opinion of the Company,

  • Published in CIT

Proposed changes to the “Polish Deal”

Thursday, 24 March 2022 by Tomasz Jakubiak

Today, Prime Minister Mateusz Morawiecki and Deputy Minister of Finance Piotr Soboń presented proposed changes to the “Polish Deal”, which are to meet “the opinions of taxpayers and experts”. The regulations are to come into force in July this year (although there is no bill yet). Below, the proposals for new solutions presented at the

  • Published in CIT, Taxes

Judgments: retroactive deprecation and non-taxation on liability’s expiration

Friday, 04 February 2022 by Tomasz Jakubiak

Today we present you two very important rulings of the Supreme Administrative Court from the past week. Retrospective reduction of depreciation rates The taxpayer (company) had a number of fixed assets. Due to the incurred tax losses, the company considered the possibility of lowering the depreciation rates also for the previous years, taking into account

  • Published in CIT

Judgment: undocumented costs are tax non-deductible

Thursday, 30 December 2021 by Tomasz Jakubiak

The taxpayer purchased a number of intangible services (advertising / market research / advisory services), which he classified as tax-deductible costs in CIT. Tax authorities ruled on their exclusion from tax-deductible costs due to the lack of documentation confirming their performance. The decision was appealed against to the District Administrative Court in Gliwice. The taxpayer

  • Published in CIT
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