General rules The regulations on preventing hybrid mismatches in Poland came into force on January 1, 2021, and are an implementation of the EU ATAD 2 directive. Analogous regulations are in force in other EU countries, as well as outside the bloc (the UK, Australia). The purpose...

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...

Webinar I WHT and ATAD II (hybrid mismatches) practice in Poland and the Netherlands November 23, 2023 at 10:00 a.m. CET November 23, 2023 at 10:00-11:30 a.m. CET: Register WHT is one of the hot tax topics in last years in Poland. Both the provisions and practice...

Polish local minimum income tax will apply from 1 January 2024 From 1 January 2024, the minimum corporate income tax provisions will take effect again. The 10% minimum tax will apply to companies with Polish tax residency and domestic tax capital groups that in the tax year: suffered...

In 2023, the deadlines for completing transfer pricing obligations for 2022 have been shortened. The starting point for fulfillment of TP obligations is reliable local documentation (Local File). Deadline for fulfillment of obligations For taxpayers whose tax year coincides with...

MDDP advised on the new transaction of Optima Wind and Green Bear Corporation MDDP experts Michalik Dłuska Dziedzic and Partners provided tax advice to Optima Wind and Green Bear Corporation Poland in the transaction of establishing the WindLight joint venture, which was established...

The consultation period for draft withholding tax guidelines could be crucial in addressing the issues surrounding their potential application, say Monika Dziedzic, Jacek Wojtach, and Daria Górka of MDDP. On September 28 2023, the Polish Ministry of Finance published the long-awaited...

The first-ever scent trademark has been registered in the European Union. Moreover, as much as 79% of consumers prefer to buy products with “eco” trademarks. The appearance of the Apple store is registered as a trademark. A patent claim must be written in the form of a...

Withholding tax – Ministry of Finance consults the draft of official guidelines On 28 September 2023, the draft of the official clarifications on withholding tax [Draft] was published. The Draft refers to the beneficial owner criteria, which includes, inter alia, the condition of...

Identifying the links between parties to a transaction is not only crucial, but also one of the first things a taxpayer should do before proceeding with transfer pricing documentation and reporting obligations.  Given the high volatility and uncertainty of the tax laws, it is worthwhile...

Or rather, on the premise of beneficial ownership, since, despite the name of the project (‘clarifications on withholding tax collection’), their scope is limited to the aforementioned aspect. The deadline for comments is 10 October. The draft clarifications raise even...

Safe harbour is a mechanism to reduce documentation and transfer pricing reporting obligations provided that the taxpayer meets several statutory requirements. Once such conditions are met, the taxpayer is supposed to gain certainty as to the arm’s length nature of the price...

Group documentation is treated a bit lightly by taxpayers. After the hassle of preparing Local File with transfer pricing analyses and properly completing and submitting the TP-R form, many taxpayers would like to take a breather from transfer pricing obligations. However, we would...

In today’s dynamic business environment, organizations face constant challenges to remain efficient and competitive. In this context, one of the key aspects that often consumes a lot of time and resources is the preparation of various documents, such as financial records, reports,...

Changes in cross-border and domestic reorganizations On September 15th, 2023 an amendment to the Polish Commercial Companies Code came into force, introducing new types of domestic and cross-border reorganizations. Following the amendment, changes to income tax acts and Tax Ordinance...