On the VAT ground, if someone passes on some goods to another person for free, (i) sometimes VAT has to be paid in result of this activity (the so-called “free of charge supply”) and (ii) sometimes it is not subject to VAT. The second ones, which will be discussed in this article, include gifts of…
When planning to submit transfer pricing information (hereinafter: TPR) for the tax year beginning after December 31, 2021, it is important to remember that compared to the previous tax year, there has been a change in the existing form and scope of data reported in this declaration. The Ministry of Finance has decided to abandon…
On January 18, 2024, the Advocate General of the Court of Justice of the European Union issued an opinion on the customs classification of prefabricated buildings. The case focuses on whether these buildings, which are mainly made of plastics, should be classified as “prefabricated buildings” under tariff heading 9406 or as “other articles of plastics”…
When it comes to taxes – including VAT – one of the fundamental questions that taxpayers often ask themselves is “what is subject to taxation?” On the VAT ground, the subject of VAT taxation is defined, among other things, in Article 5 of the Polish VAT Act. According to this regulation, the following activities are…
The dynamically changing economic situation, continuous development of competition in most industries and the increase in costs constitute a quite challenge for companies. In order to maintain or improve their market position or minimize operating costs, capital groups decide, for example, to merge companies. Although the merger process itself is regulated by the provisions of…
The Court of Justice of the European Union, in its judgment of 11 January 2024 in Case C-537/22, reminded that exercising the right to deduct VAT does not require a taxpayer to undertake a comprehensive and in-depth verification of its counterparty. This is something that Polish tax authorities constantly seem to forget. According to the…
For most taxpayers, transfer pricing is associated with numerous and complex formal requirements that must be met within a specified deadline, under the threat of escalating and increasingly severe sanctions. But what if we approached the issue of market conformity of transactions differently? The established pattern Among the majority of taxpayers, we often observe the…
Despite the festive period and personnel changes in the structures of the Ministry of Finance, work on National e-Invoicing System (KSeF) and the topics related to its implementation is not slowing down, as exemplified by the Ordinance of the Minister of Finance of 29 December 2023 amending the Ordinance on the detailed scope of data…
At the end of last year, the outcome of the Amazon group’s tax dispute was widely reported in the media. The judgment relates to transfer pricing issues and the possibility of invoking the OECD guidelines. Tax benefits EU Competition Commissioner Margrethe Vestager pointed out that Luxembourg granted Amazon illegal tax benefits. As a result, almost…
On 21 December 2023, the CJEU handed down a long-awaited judgment on the VAT taxation of board members’ remuneration[1]. The judgment concerned a member of the board of directors of several public limited companies under Luxembourg law who, by virtue of his position, participates, inter alia, in decisions regarding the risk policy, accounting and strategy…