Reports of the death of service contracts with workers are exaggerated
In the early years of my legal career, I came across a tax interpretation requested by a library wishing to determine the tax consequences of forgiving fines for overdue books. That was when I heard for the first time the advocacy rule of avoiding “the question too far.”
Investment property and tax expenses
One of the challenges facing real estate companies is the limitation of claiming tax costs for depreciation on real estate, effective from 2022. Sometimes, the only way out will be tax litigation.
Minimum tax on building income
The minimum tax on income from buildings in Poland was reinstated as of 2022, and the reinstatement brought with it a return of interpretive doubts making it difficult for taxpayers to apply the tax. These doubts include whether hotel services are covered by the minimum tax, and whether depreciation deductions on buildings and income from common areas should be factored in when calculating the tax.
BEFIT: Harmonising taxable income for large corporate groups in the European Union
The European Commission has published a proposal for a directive to implement the BEFIT concept (short for “Business in Europe: Framework for Income Taxation”). The new law would allow the creation of standardised rules for calculating taxable income for purposes of corporate income tax. Taxpayers belonging to a BEFIT group will be taxed in the country of their residence, but only with respect to a portion of the tax result determined for the entire group.
Settlement of tax losses after a merger by takeover
Under current regulations in Poland, in post-merger accounting, tax losses of the acquired company cannot be recognised. However, it is possible to settle tax losses of the acquiring company, although this is not always the rule. In determining whether the acquiring company is entitled to settle tax losses, it is necessary to assess whether the company’s actual principal business after the takeover is wholly or partially different from that before the takeover. What, in essence, is covered by the notion of “actual principal business”? When should the principal business be considered to have changed “in part”?
Debt-to-equity conversions in practice
Converting a company’s liability into capital can be a way to “heal” its balance sheet. This can increase the company’s credibility with counterparties and reduce the risk of insolvency. Conversion can also generate tax benefits, for example by reducing interest expense to below the deductible limit.
VAT sanctions: Amendments under the Slim VAT 3 package
No more rigid catalogue of sanctions for VAT offences. The tax authorities will be able to reduce the amount of sanctions taking into account the circumstances of the irregularities. But taxpayers who knowingly commit tax fraud will be hit with a sanction of 100% of the underpaid tax or excess input tax claimed.
Taxes and the family foundation
Along with the provisions allowing for establishment of a family foundation, entirely new tax provisions are being introduced, with attractive rules for taxation of asset transfers and foundation activities, but also a slightly too varied patchwork of tax rates.
Court of Justice will assess whether the exemption of rail infrastructure from property tax is state aid
Rail infrastructure and the land on which it is located are exempt from property tax in Poland. Is that unauthorised state aid? The answer from the Court of Justice could have far-reaching consequences.
VAT on NFTs: The position of the EU VAT Committee
How VAT should be charged on trading in NFTs is of interest to taxpayers and tax authorities in various European Union countries, which sometimes take different approaches. On 21 March 2023, the EU VAT Committee published Working Paper no. 1060, entitled “Initial VAT reflections on non-fungible tokens,” touching on a number of issues concerning the VAT treatment of NFTs. As NFT transactions, including high-value ones, become more common, the tax treatment of these tokens and operations involving them, including on VAT grounds, should be fairly assessed, and the working paper may have a significant impact on this assessment.
Withholding tax on sharing software in the cloud?
Modern tech solutions such as the software-as-a-service model, where users don’t have to maintain IT infrastructure on their own hardware, are becoming increasingly popular among taxpayers. But the fee for cloud solutions paid abroad may be subject to withholding tax if it is treated as a fee for use of an industrial device.
Difficulties for the acquirer: Adjustment of input VAT deduction for the merger year
On VAT grounds, a merger may prove challenging for the acquirer if either the acquirer or the target applies proportional input tax deduction in the merger year.
