Judgment: “exit tax” does not apply to private property of natural persons

In accordance with the provisions of the PIT Act: taxation with the tax on income from unrealized profits (“exit tax”) is subject to, inter alia, transfer of an asset outside the territory of Poland, as a result of which Poland loses the right to tax income from the sale of this asset, while the transferred

Judgment: indication of the fixed asset symbol as part of the individual interpretation

The Supreme Administrative Court in its judgment of 9th December 2021 (sign. II FSK 672/19) ruled that the Director of the National Tax Information should define the Fixed Assets Classifications symbol as part of an individual interpretation, but does not have to consult statistical authorities for this purpose. The taxpayer wanted to ask the authority

“Transfer” of real estate between the spouses’ business assets

In business practice, it often happens that the spouses are co-owners of real estate, e.g. commercial premises. If one of them conducts economic activity, then he enters this real estate into his register of fixed assets. But what if the other spouse also becomes an entrepreneur, and the common will is that such a fixed

Real estate tax – resolution of the Supreme Administrative Court

Today, the Supreme Administrative Court has adopted an important resolution in the field of real estate tax (sign. III FSK 1/12): “A building object, which is a construction within the meaning of Art. 3 point 3 of the Construction Law in connection with Art. 1a paragraph 1 point 2 of the Act on Local Taxes

The “Polish Deal” significantly modified and passed to the Sejm

The Council of Ministers adopted a substantially modified draft amendment to tax regulations under the “Polish Deal” programme. The document has now been submitted to the Sejm. Below we present a synthetic overview of the most important changes in relation to the original proposals. 1. Health insurance contribution The adopted project specifies that the basis

Significant tax reform

The Ministry of Finance has published a comprehensive draft amendment to tax regulations as part of the “Polish Deal” program. A very extensive document (225 pages) includes many changes in various taxes (PIT, CIT, VAT). Below we present a synthetic overview of the most important of them. 1. Principles of tax progression (PIT) As part

Capital repatriation program and changes in transfer pricing

The Ministry of Finance presented another set of tax proposals under the “Polish Deal” program. Their guiding idea is the return (repatriation) of capital to Poland. Additionally, it is proposed to simplify the provisions on transfer pricing. Transfer pricing simplifications Following the decisions of the Transfer Pricing Forum, the Ministry proposes the following solutions: elimination

“The Polish Deal”: Tax relief for increasing sales, Polish Holding Company, Investment agreement

The Ministry of Finance has published further proposals for tax changes in the so-called Of the “Polish Deal”. They include, in particular, the following. Relief for increasing sales The relief of the relief is another novelty in the Polish tax system. The taxpayer could deduct from the income the costs incurred in order to increase

Proposals for new tax reliefs and the VAT Group – “tax restart of the economy”

The Ministry of Finance is proposing a package of tax reliefs aimed at reviving the economy. The Ministry proposes to introduce: relief for the initial public offering of shares (IPO relief); relief for investors via Venture Capital funds that invest capital in innovative enterprises; consolidation relief; expansion relief; changes in the so-called “Estonian” CIT. In

Limitation of tax liabilities and private rental. Two important resolutions of the Supreme Administrative Court

The Supreme Administrative Court today adopted two resolutions important for taxpayers: administrative courts may examine the legitimacy of initiating fiscal penal proceedings, i.e. whether they could only serve to suspend the limitation period for a tax liability – sign. I FPS 1/21; income derived from rental, lease and similar contracts are included without limitation in