Poland’s accession to the European Union on May 1st, 2004, brought changes to the rules governing trade with EU Member States. Intra-Community supply of goods (hereinafter: ICS) replaced the concept of export of goods, while intra-Community acquisition of (hereinafter: ICA) replaced the concept of import of goods. The terms “export” and “import” are now reserved…
The ESG taxonomy is crucial for ESG reporting as it focuses on technical criteria that must be met for an entity’s activity to be considered environmentally sustainable. Taxonomic disclosures are based on three key performance indicators (KPIs), i.e., CapEx, OpEx, and turnover. The results for each indicator must be presented separately, showing the percentage share…
The concept of a tax obligation is defined in Article 4 of the Tax Ordinance, which states that it is a non-specific obligation to make a compulsory monetary payment arising from tax laws, triggered by the occurrence of an event specified in those laws. This definition refers to the provisions of tax laws (including the…
By judgment of February 2nd, 2023, ref. I FSK 1474/20, the Supreme Administrative Court (NSA) denied the taxpayer the right to deduct VAT on expenses for the use of an electric bus by its social partner (Caritas), even though they were essentially part of activities related to corporate social responsibility (CSR). Corporate social responsibility (CSR)…
Why is it important to accurately determine the functional profile? The functional profile should be understood primarily as the role of an entity in a transaction. It depends on its business activity in the market or in the transaction (e.g. manufacturer, distributor) and its level of involvement in the transaction in terms of functions performed,…
The CJEU will settle on the compliance of polish law on management board members liability for tax arrears with EU law. By decisions of 25 January 2024 (case number I SA/Wr 4/23) and 31 January 2024 (case number I SA/Wr 966/22), the Provincial Administrative Court in Wrocław submitted four questions to the CJEU for a…
Recently, intangible services have been one of the key areas reviewed during tax audits. As statistics made available to us by the Ministry of Finance show, service transactions account for almost 30% of all transactions reported by taxpayers in 2020-2021 in the TPR form, of which as much as 10% are intangible services. Intangible services…
This article explores the topic of gift vouchers in light of Articles 8a and 8b of the Polish VAT Act. This article covers the following issues:• What are vouchers under the VAT Act?• What types of vouchers exist?• When should vouchers be settled?• How should vouchers be settled? What are vouchers under the VAT Act…
The topic of providing accommodation free of personal income tax (PIT) has raised many controversies for several years due to the lack of a consistent approach in tax rulings. In a recent tax ruling issued on 10 November 2023 (ref. 0114-KDIP3-2.4011.598.2023.5.MN), the Director of the National Tax Information (DKIS) ruled that a company offering free…
The deadline for payers of personal income tax to issue the IFT-1R information expires soon. The form relates to information on the amount of income (revenue) received by individuals who do not reside in Poland for tax purposes. Who issues the IFT-1R and when? Payers who, in 2023, made payments to individuals, Polish tax non-residents,…