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Limitation of tax liabilities and private rental. Two important resolutions of the Supreme Administrative Court

The Supreme Administrative Court today adopted two resolutions important for taxpayers: administrative courts may examine the legitimacy of initiating fiscal penal proceedings, i.e. whether they could only serve to suspend the limitation period for a tax liability – sign. I FPS 1/21; income derived from rental, lease and similar contracts are included without limitation in

Adoption of the VAT e-commerce package by the Sejm

Yesterday, the Sejm adopted an amendment to the VAT Act, including the implementation of the so-called “e-commerce package”. Let us remind that the implemented solutions relate to the following aspects: introduction of the VAT-OSS (VAT One Stop Shop) procedure, which is to replace the VAT-MOSS legal regime and the legal regime of distance sales. In

  • Published in VAT

Remission of debt as tax-deductible cost

Day-to-day business practice involve situations where it becomes necessary to write off debts (receivables) against the debtor. How to account for such an event for corporate income tax (CIT) purposes? Initially, it should be noted that the term “remission of debts” is understood as a voluntary release of the debtor from the debt. Such a

  • Published in CIT

The right to image – “withholding” tax

Business practice has accustomed us to athletes, artists or other famous figures promoting various goods and services. Accounting follows marketing. The contract providing the right to the image for promotional purposes regulates the issues of remuneration. In the case of non-residents, the question arises whether this type of remuneration is subject to withholding tax in

  • Published in CIT

Court of Justice of the EU: the so-called The VAT “sanction” does not comply with EU law

The Polish provisions of the VAT Act allow for the imposition of an additional tax liability in VAT (the so-called “VAT sanction”) in the event of understating the liability / increasing the return in the indicated declaration or in the absence of its submission (its amount is 30% or 20% of the due liability). Doubts

  • Published in VAT

Adoption of the VAT e-commerce package by the Council of Ministers

Today, the Council of Ministers adopted an amendment to the VAT Act, including the implementation of the so-called “e-commerce package”. The implemented solutions relate to the following aspects: introduction of the VAT-OSS (VAT One Stop Shop) procedure, which is to replace the VAT-MOSS legal regime and the legal regime of distance sales. In this way,

  • Published in VAT

Easter wishes

Ulve Tax & Legal team would like to wish you a very happy Easter!

The dates of CIT 2020 settlement and the preparation of financial statements – postponed

Today, a Decree of the Minister of Finance was signed, pursuant to which the annual CIT settlement date for 2020 was extended until June 30, 2021. Also today, a Decree of the Minister of Finance was signed, under which the deadlines for preparing financial statements for 2020 will be extended for: • private sector units

  • Published in CIT

CJEU judgment – Polish VAT regulations inconsistent with EU law

CJEU judgment – Polish VAT regulations inconsistent with EU law Today, the Court of Justice of the EU ruled that the provisions of EU law preclude the application of national rules according to which the exercise of the right to deduct VAT related to intra-Community acquisitions of goods (intra-Community acquisition of goods) in the same

  • Published in VAT

Due diligence – transfer pricing documentation

The Ministry of Finance has published a draft “Explanations” on transfer pricing documentation, regarding the presumption of due diligence. Let us remind you that, in accordance with the amended income tax regulations, taxpayers are required to prepare transfer pricing documentation also in transactions with unrelated parties, if the beneficial owner of such entity has its

  • Published in CIT

Extension of terms – TPR, CIT

On the 25th of February, the Sejm adopted an amendment according to which the deadlines for submitting information on TPR transfer pricing and a declaration on the preparation of local transfer pricing documentation were extended: until September 30, 2021 for entities whose reporting and documentation obligations expire in the period from February 1, 2021 to

  • Published in CIT

„Slim VAT” 2

The Ministry of Finance has published suggestions for the amendment of the VAT Act – called the “Slim VAT 2” package. The changes include: facilitating of issuing of collective corrective invoices – including the option of collective correction of specific items from an invoice, as well as entire invoices; elimination of the need to correct

  • Published in VAT

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