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/ Accounting Alerts Poland

Financing for Polish subsidiaries as an ancillary transaction

Financing for Polish subsidiaries as an ancillary transaction

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Date18 Nov 2020
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On 7th October 2020, the Supreme Administrative Court issued a judgment on the company’s activities related to assistance in obtaining loans or credits for subsidiaries. This applies to companies operating within a capital group in which the company is a parent entity (file reference I FSK 2010/17).

It follows from this judgment that in the light of the judgment of the CJEU of 29th April 2004 in Case C-77/01 (Empresa de Desenvolvimento Mineiro), there are grounds for considering the above-mentioned activity as ancillary financial services listed in Article 43 section 1 point 38 of the VAT Act.

This ruling is supported by the following facts:

  • The company’s activities consisted in helping to obtain the best possible external financing conditions for specific investments,
  • these services were not profit-oriented,
  • the frequency of service provision and the degree of involvement of the company’s financial and human resources in their implementation were low.

According to the judgment of the Supreme Administrative Court, these premises can be considered in favour of subsidiaries as a transaction of an ancillary nature, referred to in Article 90 Section 6 of the VAT Act.

If you have any additional questions about tax or require further information, please contact your relevant contact person who will forward your enquiry to the department:

Tax & Legal of the getsix Group

Our specialist tax advisors, headed by Mrs. Aneta, are at your disposal. You will find the contact form on the getsix website: LINK.

getsix Tax & Legal:
getsix® Tax & Legal Aneta Majchrowicz-Bączyk

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This circular is non-binding information and serves for general information purposes. The information provided does not constitute legal, tax or management advice and does not replace individual advice. Despite careful processing, all information in this circular is provided without any guarantee for the accuracy, up-to-date nature or completeness of the information. The information in this circular is not suitable as the sole basis for action and cannot replace actual advice in individual cases. The liability of the authors or getsix® are excluded. We kindly ask you to contact us directly for a binding consultation if required. The content of this circular is the intellectual property of getsix® or its partner companies and is protected by copyright. Users of this information may download, print and copy the contents of the circular exclusively for their own purposes.

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