Not long ago, we informed about an unfavourable stance of the Director of the National Fiscal Information (KIS) on the rules of taxation of beneficiaries of a foundation established jointly by members of the closest family (e.g. spouses). The Director of KIS has a modified approach to the manner of determining the proportion of property…
On July 25, 2024, the Director of the National Tax Information issued an individual tax ruling[1] confirming the right to recognize a fee for the termination of a real estate sales contract as a tax deductible cost. What was the case about? In the case under review, a real estate development company entered into a…
1. Is it true that the draft envisages taxing photovoltaic farms on all components, including PV panels? Not really. The draft explicitly refers to wind and nuclear power plants as facilities to be taxed only on the construction parts. It is controversial that photovoltaic power plants are not mentioned, since they are a common type…
After a series of favorable rulings for CIT taxpayers by provincial administrative courts in cases concerning CIT exemptions for compensation granted to energy-intensive sectors, the Supreme Administrative Court [NSA] has issued a ruling with reference II FSK 397/24, which broke the previous line of jurisprudence. Previous case law In the judgments issued so far, provincial…
1. How will transformer stations be treated in the draft regulatory changes? Will they have to be taxed with property tax starting in 2025? In the draft amendments to the Law on Local Taxes and Fees presented by the Ministry of Finance, there is no direct mention of transformer stations. However, this does not mean…
Should it be inferred from the draft that the concept of a structure takes precedence over the definition of a building? The intention of the drafters was to resolve disputes in the “structure or building” area. It is relatively clear to indicate that the precedence of the definition of a building applies to complex structures…
On January 1, 2024, the minimum corporate income tax provisions of Article 24ca of the CIT Law will begin to apply. Therefore, we are starting a series of publications in which we will introduce the assumptions of minimum income tax and indicate how to determine whether it will apply to a particular organization and, ultimately,…
Jacek Wojtach of MDDP Poland explains the Polish withholding tax rules and refund procedures, and the issues that could be addressed as the European Commission declares its intention to make legislative changes. On June 19 2023, the European Commission issued a statement signalling legislative work on simplifying and synchronising members states’ laws on pay and…
Justyna Bauta-Szostak and Bartosz Głowacki of MDDP report on the introduction of family foundations in Poland, and how they will be taxed. On January 26 2023, the lower house of the Polish parliament, the Sejm, passed the Family Foundation Act, which will enter into force in May 2023. The purpose of a family foundation, which…
Bartosz Doroszuk of MDDP offers insights on Poland’s new tax legislation on shifted profits, as the implementation deadline looms nearer. The new tax on shifted profits has been implemented via the Polish CIT Act from January 1 2022. Since this tax is settled on annual basis, the upcoming deadline for the annual CIT return would…