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Application of R&D tax relief in a consulting services company
In the judgment of March 7, 2024, ref. no. II FSK 753/21, the Supreme Administrative Court (NSA) addressed the issue of the application of the R&D tax relief in a consulting services company. This ruling holds significant importance for companies operating in this industry and benefiting from this tax relief....
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A cash payment into the supplier’s bank account cannot be included in deductible expenses
In the judgment dated March 27, 2024 (ref. I SA/Lu 33/24), the Provincial Administrative Court in Lublin ruled that a cash payment into a supplier’s bank account cannot be included in tax-deductible expenses, as it does not meet the requirements of Article 22p(1) of the Personal Income Tax Act (PIT)....
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Non-deductibility of expenses for organizing team-building meetings with co-workers from the company’s income
The Supreme Administrative Court (NSA) has once again taken a position on the deduction of expenses for organizing integration meetings. In its latest ruling dated March 12, 2024 (ref. no. II FSK 759/21), the NSA confirmed that expenses for integration meetings with employees and co-workers, who work under B2B contracts,...
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Determining the time limit for VAT refunds in situations of unpaid invoices – CJEU judgment
The judgment issued by the Court of Justice of the European Union (CJEU) on February 29, 2024, in case C-314/22, concerns the interpretation of Article 90 of the directive in the context of the admissibility of a delay period related to the settlement of VAT. Context of the case Consortium...
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PIT reliefs 2024
Deduction covering blood donation purposes The monetary equivalent for one litre of blood was determined on the basis of the Regulation of the Minister of Health and amounts to PLN 130.00. A litre of blood plasma is valued at PLN 170.00. However, the value of the allowance should not exceed...
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Application of the 0% VAT rate on intra-Community supply of goods and knowledge of the identity of the purchaser – CJEU judgment
The verdict dated 29th of February 2024, case C-676/22 B2 Energy s.r.o. analyses the issue related to the possibility of applying the VAT exemption when the supplied goods have been shipped to a purchaser other than the one mentioned in the tax documents. Background of the case In 2015, the...
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Withholding Tax (WHT) 2024
Interest, royalties, and others Interest and royalties paid to a non-resident and fees for certain intangible assets and legal services (e.g. consulting, accounting, legal and technical services, advertising, data processing, market research, recruitment, management, inspection services and guarantees, etc.) are subject to 20% withholding tax, unless the rate is not...
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New Supreme Court resolution: Partner of a two-person company and social security
On 21st of February 2024, the Supreme Court issued a resolution, III UZP 8/23, which has generated much discussion and interest in the business and legal community. The resolution concerns issues related to the social insurance of partners of a two-person limited liability company. The key point of the resolution...
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Over 5 million tax returns filed through e-PIT
According to information provided by the Head of the National Tax Administration (KAS), over 5 million declarations have already been filed using the Your e-PIT service. Taxpayers settling their PIT for the year 2023, who have utilized the e-PIT service, have already submitted: 4,442,000 PIT-37 declarations, 241,000 PIT-28 declarations, 107,000...
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Bahamas, Belize, Seychelles and Turks and Caicos Islands removed from EU list of tax non-cooperative jurisdictions
In February 2024, the Council of the European Union decided to remove the Bahamas, Belize, Seychelles, and Turks and Caicos Islands from the list of EU jurisdictions reluctant to cooperate for tax purposes. As a result of these changes, there are still 12 jurisdictions remaining on the list which are...
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