Inheritance and donation tax – new tax free limits as of July 1, 2023 As of July 1, 2023, the inheritance and donations tax-free amounts [idt][1] for each tax group will increase. At the same time, the controversial “charitable collections tax”, which was also due to apply from...

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...

Repeal of the state of epidemic emergency – tax implications On 1 July 2023, the state of epidemic emergency will be repealed in Poland. This follows from the Regulation of the Minister of Health of 14 June 2023 on the repeal of the state of epidemic emergency within the territory...

The Ministry of Finance has already made us look forward to annual changes in the TP-R form. Transfer Pricing information gets more and more detailed and complicated every year. This one is no different. We already know that the TP-R form will be expanded to include the so-called...

On 8 June 2023, the Court of Justice of the EU issued a judgment in case C-322/22, in which it stated that the provisions of the Tax Ordinance restricting taxpayers’ right to be granted interest on overpayments violate the fundamental principles of EU law. This means that taxpayers...

The rule under Polish tax law is a one-off tax levied on the same transaction, whereby – pursuant to Art. 2(4)(b) of the Act on Civil Law Transactions, the first to be analysed is the VAT treatment of transactions; and then – tax on civil law transactions (hereinafter:...

Slim VAT 3 – what changes await taxpayers from 1 July 2023? The amendment to the VAT Act [i.e., the Act of 26 May 2023 amending the VAT Act and certain other acts (Journal of Laws of 2023, item 1059)] commonly referred to as the SLIM VAT 3 package has been published in the Journal...

During audits, tax authorities often scrutinize the increase/decrease in the interest rate on loans with reference to the results of the benchmarking. It may happen that the newly determined interest rate in an intra-group loan is considered non-arm’s length, which paves the way to...

On May 17, 2023, the European Commission presented the first package of changes to EU customs law. The draft focuses in particular on EU-wide coordinated risk management, facilitating customs procedures for reliable traders and adapting customs regulations for e-commerce transactions. Harmonised...

5 MDDP cases before the CJEU The significance of judgments from the Court of Justice of the European Union (CJEU) for Polish practice concerning Value Added Tax (VAT), considering it is a tax largely harmonized, is enormous. This applies to the impact on the case law of Polish administrative...

MDDP is a partner of First Legal Forum This is the second time MDDP has become a partner of First Legal Forum organized by GLOBAL LAW HUB. The Forum which takes place on May 25-26, 2023 in Warsaw brings together partners from the largest law firms in Europe, Asia, heads of domestic...

On March 21, 2023, the European Commission published a working paper (Working Paper no. 1060 of the EU Value Added Tax (VAT) Committee regarding an EC question on non-fungible tokens (NFTs)[1]), which aims to consider the tax consequences of NFT-related transactions and to generate...

Over the past few years, tax regulations on transfer pricing have been significantly amended at least several times. A number of transfer pricing exemptions have also evolved with the emergence of new obligations. The following is a practical summary of exemptions available for 2022...

In the judgment of 4 May 2023 in Case C-97/21 MV – 98, the CJEU found that provisions of the Member States that allow the imposition of both a fine and another penalty on a taxpayer for the same offence are inconsistent with EU law – to the extent in which it is impossible...

Transfer pricing – your basic use of a benchmarking analysis Benchmarking analysis is a tool to verify whether the terms set in transactions between related parties correspond to the arm’s length principle. It allows examining whether the conditions in a transaction between...