CJEU has ruled on the legality of DAC 6 provisions under EU law The last few days have seen two important judgements on the reporting of tax schemes. First, the verdict of the Polish Constitutional Tribunal (CT) confirming the inviolability of professional secrecy (for the time being,...

10 nominations in ITR EMEA Tax Awards MDDP has been shortlisted in as many as 10 categories in ITR EMEA Tax Awards 2024: regional, national and individual one! Regional: Tax Innovator of the Year Tax Policy Firm of the Year ESG Firm of the Year Diversity & Inclusion Firm of the...

International groups often prepare global benchmarks, which are used by entities in different jurisdictions for local transfer pricing documentation. This approach ensures consistency in global transfer pricing policies and helps reduce the local costs associated with transfer pricing...

Recent developments in Polish tax exemption for foreign investment funds   Piotr Paśko and Tomasz Janik of MDDP say that while application of the tax exemption has historically been challenging, foreign investment vehicles stand to benefit as a more favourable environment appears...

DAC6 (MDR) legislation is unconstitutional as regards the duties of tax advisers The Constitutional Tribunal ruled that the provisions regulating the reporting of tax arrangements (MDR) are contrary to the Polish Constitution to the extent that they interfere with the scope of professional...

MDDP advised Xior Student Housing on PBSA Transaction MDDP advised Xior Student Housing, a Belgian owner and operator of private student accommodation projects across Europe, on the acquisition of a student accommodation building in Krakow, formerly known as LivinnX, on tax issues. More...

Increasing globalization is connected with not only threats but also with numerous opportunities. Multinational companies create innovations and know-how, which can be shared with other group entities or transferred to affiliates in other countries. During the transfer of intangible...

Polish case on real estate tax led by MDDP before the CJEU The hearing in the precedent-setting Polish case on the real estate tax, led by MDDP, was held before #CJEU on the July 8th. The client and MDDP were represented in Luxembourg by Rafał Kran and Monika Dziedzic. Polish Supreme...

1. Is it true that the draft envisages taxing photovoltaic farms on all components, including PV panels? Not really. The draft explicitly refers to wind and nuclear power plants as facilities to be taxed only on the construction parts. It is controversial that photovoltaic power plants...

First draft of GloBE implementation act submitted in Poland   Council Directive (EU) 2022/2523 of 15 December 2022 seeks to ensure a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union. The Polish Ministry of Finance has...

After a series of favorable rulings for CIT taxpayers by provincial administrative courts in cases concerning CIT exemptions for compensation granted to energy-intensive sectors, the Supreme Administrative Court [NSA] has issued a ruling with reference II FSK 397/24, which broke the...

1. How will transformer stations be treated in the draft regulatory changes? Will they have to be taxed with property tax starting in 2025? In the draft amendments to the Law on Local Taxes and Fees presented by the Ministry of Finance, there is no direct mention of transformer stations....

Another German VAT group question The CJEU judgment of 11.7.2024 in case C-184/23 is another judgment on VAT groups. The preliminary question in this case was (again) initiated by the German Federal Fiscal Court, which has recently been ‘actively’ asking the Court about the nature...

International groups often undergo business restructuring. If done between related parties, it must comply with the arm’s length principle. We understand that each restructuring can have its unique characteristics, which complicates the verification of its market nature. Additionally,...

Should it be inferred from the draft that the concept of a structure takes precedence over the definition of a building? The intention of the drafters was to resolve disputes in the “structure or building” area. It is relatively clear to indicate that the precedence of the definition...