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Legislation and practice – May in taxes

We present below a short summary of the most important changes in tax law and tax practice in May: the act amending the VAT Act was published the “Journal of Laws” (item 1137) – exemption for EU and NATO defense activities, extension of the so-called the first anti-inflationary shield by the end of July; The

VAT – delivery with assembly or ICA?

Entrepreneurs often buy machines abroad. In practice, the seller provides assistance in its launch and implementation, often sending a team of specialists from abroad. Entrepreneurs often forget that on the basis of value added tax (VAT), such a transaction may be accounted for as one of two taxable activities: intra-Community acquisition of goods (ICA) or

  • Published in VAT

Invoice from an unregistered taxpayer and VAT deduction

One of the most common tax problems faced in practice by VAT taxpayers are the situations of receiving an invoice issued by an entity not registered for VAT purposes (which can be seen, for example, by the fact that it does not appear on the “White List”). In such a case, is it possible for

  • Published in VAT

DEBRA – tax deduction on capital

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

Polish “sugar tax” on syrups, powdered drinks and gels

The so-called the “sugar tax” raises, in practice, some interpretation doubts. Pursuant to Art. 12a (1) of the Public Health Act, the fee applies to the marketing of certain beverages (with added sugars, sweeteners, caffeine or taurine) on the domestic market. A drink is a product in the form of a drink and a syrup

Judgment: Operating lease costs are not covered by thin capitalization

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”

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

The Sejm adopted the law on assistance to Ukrainian citizens

Yesterday, the Sejm adopted a law on assistance to Ukrainian citizens in connection with an armed conflict on the territory of that country. The Act contains, in particular, the following solutions: I. Work and social matters Stay legal stay in Poland for 18 months for people who came directly from Ukraine and declared their intention

Action plans for the citizens of Ukraine

The government announces support plans for Ukrainian citizens and tax preferences for individual supporters Assumptions of the draft law The list of legislative works includes the assumptions of the draft law on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that state. According to the information, the act is

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

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

“SLIM VAT 3” package – proposals of the Ministry of Finance

Today, the Ministry of Finance published the proposed amendments to the act on tax on goods and services – the so-called “SLIM VAT 3” package. This is another edition of the Ministry’s action, aimed at preparing packages of changes that make it easier for entrepreneurs to settle VAT. Thanks to them, Polish VAT is to

  • Published in VAT

Judgment: “exit tax” does not apply to private property of natural persons

In accordance with the provisions of the PIT Act: taxation with the tax on income from unrealized profits (“exit tax”) is subject to, inter alia, transfer of an asset outside the territory of Poland, as a result of which Poland loses the right to tax income from the sale of this asset, while the transferred

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