We present below a short summary of the most important changes in tax/business law and practice in December.
Legislation
- Decree on reduced rates of value added tax was published in the Journal of Laws (item 2670) – the extension of the application of the 0% rate on food until 31 March 2024.
- Decree amending the decree on the detailed scope and methods of implementation of certain tasks of the Agency for Restructuring and Modernization of Agriculture was published in the Journal of Laws (item 2667) – including the extension of interest rate subsidies on certain bank loans, support for maize producers.
- The Act amending Acts on supporting consumers of electricity, gaseous fuels and heat and certain other acts was published in the Journal of Laws (item 2760) – extension of the operation of the protective mechanisms concerning the freezing of energy prices for 2024.
- The Council of Ministers of Mateusz Morawiecki adopted a draft act amending the Polish Personal Income Tax Act and the Corporate Income Tax Act – increasing certain depreciation limits.
- An amending Act according to which the entry into force of mandatory e-Deliveries was postponed (maximum) until 2025 was published in the Journal of Laws (item 2699).
Tax Practice
Income taxes and transfer pricing
- The reimbursement of amounts under the cancelled Swiss franc loan agreement to the bank’s customer does not constitute a tax cost for the bank (judgments of the Supreme Administrative Court: of 4 December 2023, file ref. II FSK 334/22 and of 6 December 2023, file reference number II FSK 1264/23, II FSK 1442/23, II FSK 1443/23, II FSK 1658/23).
- The exclusion of tax neutrality of each subsequent exchange of shares (other than the first one) is inconsistent with EU law – judgment of the District Administrative Court in Warsaw of 5 December 2023, file reference number Act III SA/Wa 1645/23.
- A company that has taken over the debt of a subsidiary cannot account for this benefit in its tax costs – judgment of the District Administrative Court in Gdansk of 6 December 2023, file reference number I SA/Gd 862/23.
- The company may deduct a tax loss from before the “Estonian” CIT period by correcting the return for the previous year – individual interpretation of the Director of the National Tax Information of 7 December 2023, file reference number 0111.KDIB2-1.4010.459.2023.1.AS.
- A free-of-charge transmission easement does not generate revenue from gratuitous services for the transmission company – judgment of the Supreme Administrative Court of 13 December 2023, file reference number II FSK 408/21.
VAT
- A document giving the right to deduct input tax does not have to include the name “invoice” if it contains the required elements for it. This may apply to the contract – judgment of the District Administrative Court in Warsaw of 8 December 2023, file reference number Act III SA/Wa 1473/23.
- The employer’s expenses for providing employees with free accommodation give the right to deduct input VAT (judgment of the Supreme Administrative Court of 12 December 2023, file reference number I FSK 281/23).
International Taxes
- The Supreme Administrative Court upheld the judgments of the court of first instance refusing to issue an opinion on the application of preferences based on the argument that the “Dutch” holding structure may be artificial – judgments of the Supreme Administrative Court of 19 December 2023, file reference number II FSK 27-29/23.
Other
- The suspension of the statute of limitations for criminal offences and fiscal offences during the COVID-19 pandemic was contrary to the Constitution of the Republic of Poland (judgment of the Constitutional Tribunal of 12 December 2023, file reference number P 12/22).
- Suspension of the limitation period for tax liability at the time of filing a complaint with an administrative court is consistent with the Constitution of the Republic of Poland – judgment of the Constitutional Tribunal of 12 December 2023, file reference number SK 110/20.
- The provisions on determining contributory and non-contributory periods for the purposes of retirement and disability benefits are inconsistent with the Constitution of the Republic of Poland – judgment of the Constitutional Tribunal of 13 December 2023, file reference number SK 109/20.
