On 29 October a Protocol amending the Polish-Dutch Double Treaty was signed. The Protocol introduces real estate clause. This means that Poland will also have the right to tax income from sale by Dutch shareholders of shares in a Polish real estate entity. So far this right was attributed solely to the Netherlands. Taxation in […]
Expert comment of Jarosław Szajkowski, ASB Tax Manager, for Wyborcza.pl
“As of 1 October, we are obliged to send the authorities also the VAT records and report all its changes. If we make a mistake in the records and have to correct it, we admit that we have kept it unreliable.” Read the full article in Polish by Wyborcza.pl Jarosław SzajkowskiTax Manager – Tax AdviserE: jszajkowski@asbgroup.eu
Settlements with tax authorities as of 1 January
Significant changes in the context of the structure of the tax offices are upcoming as of 1 January 2021 for entities of strategic importance for the economy. One national and 19 local specialized tax offices Establishing one specialized tax office of a national range for a group of key taxpayers, including taxpayers with revenues exceeding […]
Further postponement of WHT regulations
Please be informed that according to the press release (Dziennik Gazeta Prawna) the Ministry of Finance is planning to issue further regulations postponing the entry into force of the WHT pay and refund mechanism. The deferred provisions stipulate the obligation to collect withholding tax on receivables for certain intangible services (to include management services and […]
Expert comment of Jarosław Szajkowski, Tax Manager at ASB Poland, in the article by Rzeczpospolita
“The regulations provide two sanctions for errors in the Standard Audit File. Firstly, a PLN 500 penalty for each mistake, as provided for in the VAT Act. Second, a fine for defective records under the Fiscal Penal Code.” Read the full article in Polish by Rzeczpospolita. Jarosław SzajkowskiTax Manager – Tax AdviserE: jszajkowski@asbgroup.eu
VAT in distance selling (B2C) – current rules
The distance sale plays an increasingly important role in economic turnover. Its popularity among entrepreneurs results from the possibility of the reduction of fixed costs arising from the maintenance of stationery stores while increasing the extent of potential consumers. During the lockdown introduced due to the prevailing COVID-19 pandemic, the distance sale saved a significant […]
Refusals to issue security opinions on the application of General Anti-Abusive Regulations (GAAR)
The Head of National Revenue Administration (KAS) has completed more than 20 proceedings on the application of the General Anti-Abusive Regulations (GAAR). This resulted in the imposition of tax surcharges exceeding PLN 80M. We have written more on this subject here. What was challenged by the tax authorities? A spin-off of an organized part of […]
New reporting obligation for a specific task contract (umowa o dzieło) as of 1 January 2021
The amendment to the “COVID-19 Act” dated March 31, 2020, introduced an additional obligation for companies engaging individuals under specific task contracts (umowa o dzieło). As of January 1, 2021, a remitter (Polish company) will be obliged to inform Social Insurance Institution (ZUS) of the conclusion of each specific task contract, provided that: the contract […]
Investing in Poland from the level of the Netherlands or through a Dutch holding company is becoming more and more troublesome
First of all, there are significant anti-abusive provisions upcoming in the local Polish and Dutch regulations as of 2021: new business substance requirements for service companies in the Netherlands – minimum EUR 100k of annual wage expenses, office space for the period of 2 years; introduction on WHT on interest and royalties paid from DutchCo […]
Anti-crisis Shield – a bill draft of aid for industries in a difficult situation in the Polish Parliament
On 26 October a bill was submitted to counter the effects of the COVID-19 pandemic crisis in the gastronomy, entertainment, fitness, and retail sectors. The new anti-crisis shield is to cover around 200 000 companies and 372 000 employees. The estimated cost to the state budget is to be over PLN 1.8 billion. The main […]