Identifying the links between the parties to a transaction is one of the first and at the same time the most important steps in the process of identifying transfer pricing obligations. Correct determination of linkages is particularly important if the parties to the transaction wish to take advantage of the exemption from the obligation to…
The economic situation in the global markets as well as the increase of banking reference rates, higher inflation rate could influence the conditions of intragroup financial transactions.
Judgment of the Supreme Administrative Court of 28 July 2023 (ref. I FSK 892/18) The recently announced judgment of the Supreme Administrative Court reopens the formerly hot-bottom issue of VAT taxation on the sales of commercial real estate. The essence of the dispute is the classification of these transactions as a sale of an organised…
A consortium is a collaboration of at least two businesses to achieve a predetermined goal or to carry out a specific project for mutual benefits.
Remuneration in transactions between related parties should be determined on an arm’s-length basis: on such terms as third parties would determine between themselves. Otherwise, in the event of an audit, their arm’s length nature is expected to be challenged.
Tomasz Michalik and Marek Przybylski of MDDP review important changes to the Polish VAT Act and preview upcoming revolutionary e-invoicing implementation. It is the third time an amendment to the VAT Act in Poland is referred to by the Ministry of Finance as ‘SLIM VAT’. There are many changes introduced by this act, but most…
One of the key matters for preparing a benchmarking analysis is the comparability of underlying data. What if the data are not perfectly comparable? If that is the case, it may be necessary to apply comparability adjustments When comparability adjustment is a good thing? The comparability adjustment seeks to increase the reliability of a benchmarking…
The provision of toll manufacturing services to a taxable person from another country does not necessarily create a fixed establishment of the recipient in the Member State of the supplier, the CJEU ruled in the judgment of 29 June 2023 in case C-232/22, Cabot Plastics Belgium. This is another extremely important judgement of the CJEU…
Not long ago, the global financial market was heavily discussing the topic of LIBOR index being replaced with a new interest rate. In Poland, the process of replacing the reference rate is underway and is scheduled to be completed in late 2024/early 2025. Our local change and the replacement of WIBOR and WIBID by WIRON…
Jacek Wojtach of MDDP Poland explains the Polish withholding tax rules and refund procedures, and the issues that could be addressed as the European Commission declares its intention to make legislative changes. On June 19 2023, the European Commission issued a statement signalling legislative work on simplifying and synchronising members states’ laws on pay and…