The Director of the National Fiscal Information (so-called Director of KIS) issued an individual tax ruling with the reference no 0111-KDIB2-1.4010.128.2022.2.AR, confirming the possibility to apply the withholding tax exemption for dividends paid to a foreign holding company. According to the position of the Director of KIS, the look-through approach may be applied to verify […]
Changes in CIT Act
A proposition of amended CIT regulations was presented by Ministry of Finance. As of 1 January 2023, the planned changes are about to come into force. Withdrawal of “hidden dividend” regulations One of the most important changes is withdrawal of hidden dividend regulations which was to be introduced within Polish Deal 1.0. Hidden dividend means […]
Expiry of the customs debt vs VAT and excise duty
Judgment of the Court of Justice of the European Union of 7 April 2022 (sign. C-489/20) declares that expiry of the customs debt due to detention of the goods doesn’t mean simultaneously expiry of the obligation to pay excise duty and import VAT. The subject of a CCUE pronouncement was a case of cigarette smuggling. […]
The obligatory KSeF as of 2024
The EU draft decision issued on June 10, 2022, says that the obligatory KSeF will be implemented in Poland from 2024 at the earliest. What’s important? the obligation of electronic invoicing will cover all transactions made by taxpayers based in Poland, which currently require issuing an invoice in accordance with the Polish VAT Act; the […]
Withholding tax – first WHT opinions issued by the authorities
As of 1 January 2022 the repeatedly deferred mechanism of withholding tax collection and refund (“pay and refund”) came into force. Consequently, in general tax remitter will no longer be entitled to automatically apply WHT preferences, but will be obliged to withhold tax at the statutory rate. Only then he may apply for tax refund. […]
The new VAT-R form
Please be informed that from July 1, 2022, the new version of the VAT-R form will come into force – variant 16 – the form necessary for VAT registration purposes. The change is a consequence of, among others amendment to the Polish VAT Act implementing a new type of VAT taxpayer, which from July 1, […]
Cancellation of the epidemic state – what about taxes?
On May 16, 2022, the Covid epidemic state in Poland was revoked and replaced with a state of epidemic threat. This may affect the taxpayers tax settlements, in particular in the field of PIT, CIT and VAT. Some of the simplifications introduced on the basis of the so-called Anti-crisis Shield will cease to apply from […]
Advances provided in foreign currencies – statement of the Supreme Administrative Court
Last year, we informed you about a dispute concerning the duty to revaluate advances for the acquisition of assets paid in foreign currencies. Now, the decision of the Supreme Administrative Court (SAC) is already available, quoting, among other things, the Interpretation of the National Board of Accountants (NBA) I-43 approved in October 2020. The dispute […]
PFR Financial Shield – time to support Large Enterprises
European Commission has approved the last part of the Polish Financial Shield program for large enterprises and certain medium-sized enterprises (SMEs) in connection with COVID-19 outbreak. Application may now be submitted via a form provided by the PFR (Polish Development Fund). Overall budget of PFR Financial Shield Support Scheme for Large Enterprises amounts to approximately PLN […]
The government plans to revolutionize CIT in Poland –so-called Estonian CIT to be introduced
The Ministry of Finance plans to implement in 2021 so-called Estonian CIT The main purpose of the planned changes is increase of investments in Poland, since funds reinvested will not be taxed until they are paid out to shareholders. The solution may be used by about 200k companies in Poland. The concept of the new […]