Plans for revolution in classification of a substance as a by-product
A bill has been submitted to the Sejm proposing major changes to the procedure for classification of objects or substances as by-products. If the amendment is passed, this will have a negative impact on anybody who uses such products in their activity. All classifications of objects or substances as by-products performed under the current laws will expire six months after the new bill comes into force.
The Terezin Declaration and the JUST Act: What is right and what is imaginary
Recent media reports have claimed that a bill being considered by the US Congress would allow Jewish organisations to seek compensation for so-called heirless property and make other claims under the 2009 Terezin Declaration. While such fears are entirely imaginary, they represent a good opportunity to examine the Terezin Declaration and the state of its implementation in Poland.
The issue of Jewish heirless property demands extraordinary measures
The issue of Jewish heirless property is the most controversial aspect of the debate over finding a comprehensive regulatory solution for reprivatisation in Poland. The general legal principle calling for reversion of property to the state (escheat) if the owner dies without heirs is of little practical assistance in these matters.
Proposed Act on Transparency of Public Life: New obligations for businesses and employers
Work is underway on the Act on Transparency of Public Life, which would introduce numerous solutions not previously encountered in the Polish legal system. The aim of the proposed act is to increase the transparency of management and control over publicly financed institutions, and to reinforce anticorruption mechanisms in Poland.
How will the new ePrivacy Regulation affect the operation of websites?
The General Data Protection Regulation entering into force on 25 May 2018 is not the only privacy revolution in store for the EU. The proposed ePrivacy Regulation is also generating greater and greater controversy and may change the shape of the internet as we know it.
Reverse solicitation
In July 2017 the Government Legislative Centre published a proposal to amend the Trading in Financial Instruments Act and certain other acts, to bring the Polish legal system into compliance with the EU laws governing the capital market, in particular MiFID II (Directive 2014/65/EU) and MiFIR (Regulation 600/2014). The amendment would significantly change the wording of a number of existing acts and require capital market entities to comply with the new regulations. One notable feature is the introduction of the notion of reverse solicitation, not previously regulated in Polish law.
Business Law: New rules for administrative proceedings
A proposal for a long-promised act intended to facilitate the operation of businesses was published on the Government Legislation Centre website in February. The proposed Business Law contains a set of rules that would apply in administrative proceedings from as early as September 2017.
Elimination of income tax exemption for closed-end investment funds
On the last day of October a notice was published on the Sejm website on filing of a parliamentarian’s bill to amend the Personal Income Tax Act and the Corporate Income Tax Act. The changes to the CIT Act, to enter into force on 1 January 2017, would eliminate the exemption from corporate income tax for closed-end investment funds (FIZ). This exemption has been used as a major instrument for tax optimisation, for example for entities involved in trading of debt and real property, and for taxpayers seeking protection against rules governing controlled foreign corporations (CFC).
Closer and closer to a new Act on Concessions for Construction Works and Services
Work on Poland’s new Act on Concessions for Constructions Works and Services is near the end. The act is supposed to enter into force before the end of this year.
A new army in the battle against VAT fraud
Tightening up the tax system is one of the priorities of the current Polish government. Inter-ministerial consultations are now underway concerning a draft amendment that would expand the catalogue of offences in the Criminal Code and vest the public authorities, including the newly created National Treasury Administration, with broad enforcement powers. All of this is designed to combat VAT fraud.
Power Market Act by the end of this year?
On 4 July 2016, a conference entitled “The power market: Consultations on functional solutions” was held at the Polish Ministry of Energy. At the event, the Minister of Energy announced that a Power Market Act would be drafted by the end of 2016. The power market is intended to ensure the energy security of Poland and continuity and reliability of the electricity supply.
New Water Law. New fees. New payment rules.
“Water is not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such,” states the Water Framework Directive. The principle of the recovery of the costs of water services is being introduced to encourage savings and optimal use of water. This will be a substantial burden for many businesses.
