On February 26, 2020, the Supreme Administrative Court (SAC) issued a significant judgment, ref. I FSK 1313/17 to Voss Fluid GmbH seated in Germany regarding the Fixed Establishment (FE) existence of the German company which has commissioned the production on entrusted materials to Polish contractors. Background The German company operates in the mechanical engineering sector […]
How is Poland going to “treat” coronavirus among companies?
On 10 March 2020, the Minister of Development Jadwiga Emilewicz announced the introduction of a package of legislative changes aimed at protecting the Polish economy from the effects of the coronavirus epidemic. The changes, which are mainly targeted at (i) introducing public-law liabilities reliefs, (ii) improving companies’ cash flow and (iii) protecting and supporting the […]
Polish Ministry of Finance: another WHT postponement and “Estonian CIT”
During the event organized on 4 March by one of the chambers of commerce, the Deputy Minister of Finance raised that the Ministry of Finance (MF) plans to focus its work in the nearest future on: another suspension of the obligatory withholding tax remittance for transactions exceeding PLN 2 million (until the end of 2020), […]
Branch and Tax Identification Number – endless discussion
A branch of a foreign company is not obliged to identify itself with a separate Tax Identification Number (NIP). The conclusion is drawn from the verbal substantiation of the judgment of the Supreme Administrative Court (SAC or the Court) of 31 January 2020 (ref. no II FSK 509/18). The Court referred to another SAC’s judgment […]
MDR regime in Poland – let’s report it again
The obligation to re-report cross-border tax arrangements. The first re-reporting falls at the end of May 2020. The new regulation, which is to enter into force on 1 April 2020, introduces an obligation to re-report cross-border tax arrangements that have already been reported. This absurd situation is a consequence of the rash implementation of MDR […]
Important changes to VAT from 1 April 2020
Liquidation of VAT return forms and introduction of new JPK_VAT (SAF-T) Starting from the VAT settlement for April 2020, large companies will be obliged to replace the traditional VAT-7 return form with a new JPK_VAT (SAF-T; so-called “VDEK”). For other taxpayers, this obligation will apply from the VAT settlement for July 2020. The new regulations […]
The surplus of the input tax over the output tax can be carried over only for 5 years!
Please be informed that at the beginning of this year, the Polish Supreme Administrative Court has upheld the unfavorable for the taxpayer tax authorities’ decision, that in accordance with the Polish VAT Act regulations the 5 year of the limitation period also applies to the surplus of the input tax over the output tax. It means […]
Tax authorities apply General Anti-Avoidance Rules
Recent information published by the Ministry of Finance shows how the tax authorities are making use of the General Anti-Avoidance Regulations (GAAR) and provide details of opinions recently issued by the Council for Prevention of Tax Avoidance, which is in Polish Rada do spraw przeciwdziałania unikaniu opodatkowania (“Council”). We note that the Council has been […]
ICA in Poland – inquiry to ECJ
The Voivodship Administrative Court (VAC) in Gliwice refers to the European Union Court of Justice for a preliminary ruling related to the intra-community acquisition of goods. The VAC in Gliwice by a decision on 4 November 2019, (I SA/Gl 495/19, Dantrade B.V. in Amsterdam), referred the following question to the ECJ for a preliminary ruling: […]