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Property development companies vs. real estate companies
According to the recently presented position of the Director of the National Revenue Information, a real estate developer engaged in the construction of residential and non-residential buildings and their sale may be deemed a real estate company on the grounds of income tax regulations, thus resulting in the obligation to...
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Tax Benefits for Aid to Ukraine
Engaging in aid to Ukraine may benefit from several existing and newly introduced tax benefits. Although some regulations came into force in the middle of March – they are effective retroactively, i.e. from February 24, 2022. Donations to non-governmental organizations (NGOs) The value of donations made to non-governmental organizations in...
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CIT reporting and settlement deadlines for 2021 extended
Extension of reporting deadlines On March 10, 2022, the Polish Minister of Finance’s regulation1 changing the reporting deadlines for 2021 came into force. According to its contents, the deadlines for, among other things, the preparation, approval and submission of financial statements due in 2022 are extended as follows: by 3...
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Withholding Tax (WHT) 2022
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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Special procedure – Import of goods from outside the EU (Import One Stop Shop)
From 1 July 2021, the special procedure Import OSS (IOSS) came into force. It applies to distance sales of imported goods originating outside the European Union, the total value of which in a consignment does not exceed €150 and which are not subject to excise duty. The extension of the...
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Exemption from income tax on profits of general and limited partnerships
On December 15, 2021, the Polish Minister of Finance issued a general interpretation No. DD5.8203.2.2021, in which he confirmed that the exemption from income tax on certain income from participation in the profits of legal persons (e.g. dividends, income from investment funds, the equivalent of the profit of a legal...
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Documentation thresholds in transfer pricing in 2022
Among the many legislative changes, from 1 January 2022, also those concerning transfer pricing came into force. In particular, they point to formal and documentation issues, including those informing about the thresholds at which homogeneous controlled transactions must be documented. The transfer pricing documentation is prepared for transactions whose value...
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Controlled Foreign Corporations (CFC) – more entities
Tax changes implemented as of January 1, 2022 expanded the catalog of entities qualifying as Controlled Foreign Corporations (CFC), thereby requiring more entities to apply tax rules specific to those entities. The most significant of these changes include: the addition of two new specific entity qualification categories, extension of the...
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Reduction of VAT tax rates from February 01, 2022
December 07, 2021 The European Council for Economic and Financial Affairs (ECOFIN), consisting of economic and finance ministers from all European Union member states, has prepared an amendment to the VAT directive. The new regulations allow member states to reduce VAT rates on certain products, such as groceries and fuel....
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Should the recapitalization of a company be reported as a tax scheme?
Doing business in a constantly changing market requires a high degree of flexibility and the ability to react quickly and adequately to emerging difficulties, but also to spot opportunities for development. Regardless of the size of the company – such flexibility often requires adequate financial security. Both when it comes...
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