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Category: CIT

Tax costs – two important judgments of the Supreme Administrative Court

Wednesday, 15 February 2023 by Tomasz Jakubiak

The cost of amicable termination of the employment contract is a tax cost, and the advisory costs of purchasing shares may be settled within the so-called “operating” costs – these two noteworthy rulings were made on 14th February in the Supreme Administrative Court. Costs of termination of the employment contract (file ref. number II FSK

  • Published in CIT

The taxpayer is obliged to recreate the destroyed documentation in CIT

Wednesday, 18 January 2023 by Tomasz Jakubiak

The Supreme Administrative Court issued an important ruling on documenting tax costs. The background was as follows: during the a audit, the company did not submit any source documents confirming the incurrence of tax costs indicated in the declaration. The company stated that the inability to present the documents was the result of a fire

  • Published in CIT

Repayment of someone else’s debts and tax deductible costs

Wednesday, 28 December 2022 by Tomasz Jakubiak

It is a common practice of taxpayers to take over the debts of contractors when purchasing real estate, leasing or other contracts standard for business transactions. Such a debt takeover may have a positive impact on, for example, the price or terms of concluded contracts. However, what if the taxpayer decides to repay all or

  • Published in 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
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