TAX ALERTS

2017 and 2018 Benchmark Analyses becoming no longer valid Since 1 January 2019, all taxpayers obliged to prepare transfer pricing documentation have also been required to prepare dedicated transfer pricing analyses. In principle, benchmark analyses are valid for 3 years from...

Changes in SLIM VAT 2 – an amendment to the VAT Act has been published On September 6, 2021, the Act of August 11, 2021 amending the Act on Value Added Tax and the Banking Act (Journal of Laws of 2021, item 1626), commonly known as SLIM VAT 2 Package, has been published...

Planned simplification of transfer pricing rule The Ministry of Finance has published a proposal of tax solutions related to the “Polish Order” program, including planned changes in the tax law on transfer pricing. The assumptions of the “Polish Order”...

Changes in SAF-T V7 file – amendments to the Regulation of the Minister of Finance has been published On June 30, 2021, the Regulation of the Minister of Finance, Funds and Regional Policy of June 29, 2021 has been published in the Journal of Laws, amending the regulation...

Withholding tax rules regarding payments exceeding PLN 2 million p.a. still not in force Date of entrance into force of withholding tax obligations regarding payments exceeding PLN 2 million p.a. was postponed again. However, according to information from the Ministry of...

Important ruling of the CJEU on VAT and fixed establishment On June 3rd, 2021, the Court of Justice of the European Union (CJEU) issued a further ruling (case C-931/19, Titanium Ltd) on the issue of fixed establishment (FE) for VAT purposes. SUBSTANCE OF THE DECISION The...

New VAT rules for e-commerce Pursuant to EU directives, Poland is obliged to introduce amendments to the VAT Act regarding the so-called VAT e-commerce package as of 1 July 2021. Will we make it? It will turn out at the end of June, as the amendment has not yet been discussed...

Resolution of the SAC: fiscal criminal proceedings launched instrumentally do not suspend the limitation period In its resolution of 24 May 2021 adopted by a bench of seven judges (file reference number I FPS 1/21), the Supreme Administrative Court stated that administrative...

Assumptions of the ‘Polish Deal’ program as explained by the Ministry of Finance – significant changes in personal income taxation and social security On May 15, 2021, the general assumptions of the “Polish Deal” program were presented. Changes to employees’...

The CJEU judgement concerning the three-month deadline for the settlement of input tax in the case of Intra-Community acquisition of goods inconsistent with the VAT Directive has been published On 10th May, 2021 in the EU Official Journal the CJEU judgement of the inconsistency...

CJEU: The 20% sanction in the VAT Act inconsistent with EU law On April 15, 2021, the Court of Justice of the EU issued a judgment in the case C-935/19 Grupa Warzywna, in which it found that the provisions of the Polish VAT Act in the field of 20% sanctions infringe EU regulations. In...

Polish Minister of Finance on VAT and fuel cards – general tax ruling On 15 February 2021, The Polish Minister of Finance issued a general ruling on VAT and fuel cards (PT9.8101.3.2020). Taxpayers have been waiting for the ruling for a long time – in practice since...

VAT on conversion of perpetual usufruct into a right of ownership. The CJEU judgement, case C-604/19 Gmina Wrocław On February 25, 2021, the Court of Justice of the European Union issued a judgment in case C-604/19, Gmina Wrocław, regarding VAT on conversion of perpetual...

General Advance Tax Ruling concerning tax deductible costs on the sale of receivables under factoring February 15th 2021 The Minister of Finance issued a general advance tax ruling favourable to taxpayers under which the taxable revenue generated on the transaction that created...

Upcoming deadlines for fulfilling the transfer pricing obligations for 2019 and 2020 In case of taxpayers meeting certain criteria (details below), the first quarter of 2021 may require fulfilling transfer pricing obligations for the tax years 2019 and 2020. The obligations...