On December 10, 2020, the tax authorities issued an opinion (ref. DKP3.8011.15.2020) on the application of General Anti-Abusive Regulations (GAAR). The opinion was favourable for the applicants. What kind of activities was the subject of the opinion? Envisaged operations encompassed (i) share for share exchange, (ii) transformation of companies into limited liability partnerships and (iii) […]
New anti-abusive regulations – tax losses
Most important amendment in CIT and PIT for 2021 was a change of personal income tax liability of partnerships. So far they were tax transparent but suddenly they become – or will become shortly – tax opaque. However, this is not only a negative modification of the Polish tax law introduced this year. It is […]
First opinions of the Anti-Tax Avoidance Council on the applicability of General Anti-Abusive Regulations (GAAR)
In order to mitigate the arbitrariness of the General Anti-Abusive Regulations (GAAR), the Polish legislator decided to establish the Anti-Tax Avoidance Council (hereinafter: the Council) issuing opinions on the applicability of the GAAR clause and measures limiting contractual benefits in individual cases. The Council issues opinions at the request of the Head of National Revenue […]
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 […]
General Anti-Abusive Regulations (GAAR) in Poland
General Anti-Abusive Regulations (GAAR) were introduced in Poland as of 15 July 2016. However, for the first 3 years, they were scarcely used. This has however changed. In the press publications of 16 October 2020, the Ministry of Finance informs that he has just finished 20 tax proceedings which resulted in PLN 500M of additional taxable […]
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 […]