| In Principle

In this episode, Łukasz Lasek explains legal aspects of fighting a type of cybercrime fraud called business email compromise, or BEC. How do the fraudsters work? Why is the number of BEC attacks on smaller businesses increasing? What to do if your email has been compromised? What are the prospects of catching the fraudsters, and how to reduce the number of BEC frauds?

In this episode, Konrad Grotowski explains legal aspects of a petition for declaration of the bankruptcy of a company.

Transfer pricing regulations have been included in the package of proposed changes to tax law implementing the political programme known as the Polish Deal. Some of these changes respond to market expectations and deserve applause. Others will complicate taxpayers’ lives. Here we examine the proposed solutions.

The proposed tax changes under the Polish Deal programme enshrine in law a method of calculating the debt financing cost limit which is disadvantageous for taxpayers. They offer a carrot to buyers of shares in the form of a deduction from the tax base of qualified expenditures on the acquisition of shares as part of consolidation relief, but also a stick in the form of a complete ban on treating interest on debt financing obtained from related parties for the acquisition of shares as a tax-deductible cost.

Many entities in the gaming industry believe that they process little or no personal data. This belief can be misleading. We discuss what gaming companies should look out for in practice to avoid the risk of financial penalties

In connection with the recent intensified press reports on the construction of the Nord Stream 2 gas pipeline, it is worth reviewing the current status of the case and the actions of the president of the Office of Competition and Consumer Protection in this regard. In a decision dated 6 October 2020, the Polish regulator imposed fines in the maximum amount (over PLN 29 billion) on Gazprom and five other companies (in the total amount of PLN 234 million) for setting up a joint venture without his prior consent.

The bill published on 26 July 2021 to amend the Personal Income Tax Act, the Corporate Income Tax Act and certain other acts, known as the Polish Deal, provides payers of personal income tax with a new preference to encourage investments in ventures carrying high economic risk. The proposed relief is intended to apply to certain investments by PIT payers in an alternative investment companies or their subsidiaries.

One of the flagship elements of the political programme called the “Polish Deal” is changes in personal income tax and social insurance contributions. This will lead to a drastic increase in the burden on top earners, especially business operators.

A comprehensive overhaul of Polish tax law is expected. The proposed changes would implement the Law & Justice government’s programme known as the “Polish Deal.” Some of these changes are intended to make the tax system more attractive to new taxpayers. Others are designed to encourage taxpayers who have used optimisation schemes in the past to put their tax affairs in order.

The new regime is intended to incentivise holding companies to locate in Poland and create a competitive tax environment encouraging Polish businesses to return from foreign jurisdictions. These themes resound from the explanatory memorandum to the bill introducing the “Polish Deal.” But do the proposed provisions actually reflect these ideals? Will the new regime be attractive to any group of taxpayers?

The bill to implement the “Polish Deal” programme would introduce the separate institution of a VAT group, previously unknown in the Polish tax system, enabling consolidation of the tax result within a capital group.

The bill to amend the Personal Income Tax Act, the Corporate Income Tax Act and other acts published on 26 July 2021, known as the “Polish Deal,” includes new rules for tax depreciation of real estate held by real estate companies. The proposed changes could significantly limit the value of tax costs from depreciation.