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Category: CIT

Hosting services and the withholding tax

Wednesday, 14 September 2022 by Tomasz Jakubiak

Administrative courts are adamant to the tax authorities in terms of the classification of hosting services – on August 25, 2022, the District Administrative Court in Krakow issued a judgment with reference number I SA/Kr 101/22, in which it agreed with the taxpayer, stating unequivocally that fees for hosting services are not subject to the

  • Published in CIT

Limitation of CIT advances during the tax year

Tuesday, 06 September 2022 by Tomasz Jakubiak

Corporate income tax payers are required to pay monthly advance payments for tax (Article 25 (1) of the CIT Act). Basically, one can pay them as so-called “actual” advances (we calculate the tax on the income earned since the beginning of the tax year minus any advances paid so far or the so-called “simplified” advances

  • Published in CIT

End of documenting indirect “tax heaven” transactions?

Tuesday, 23 August 2022 by Tomasz Jakubiak

There are significant chances to eliminate the provisions on the documentation obligation in the field of “indirect tax heaven” transactions. Let us remind you that it is about the obligation to prepare transfer pricing documentation in transactions with unrelated entities, if their beneficial owner is a “tax heaven” entity. This regulation has been repeatedly criticized

  • Published in CIT

Extending the validity of WHT statements

Tuesday, 02 August 2022 by Tomasz Jakubiak

The Ministry of Finance has published a draft regulation which is to extend the validity of statements (WH-OSC) for the purposes of withholding tax collection. As a reminder, if payments for dividends, interest and royalties to related entities exceed the threshold of PLN 2 million in the tax year, tax must be charged at the

  • Published in 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
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