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AI Act: A new legal framework for Artificial Intelligence in Europe
The introduction of the EU AI Act (Artificial Intelligence Act) marks a milestone in the regulation of the development and use of artificial intelligence (AI) in Europe. The Act entered into force on 1 August 2024 and aims to establish a legal framework that supports innovation while ensuring the safety...
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OECD/G20: new documents on Pillar One and Pillar Two of the international tax law reform
In recent years, international tax law reform, led under the auspices of the OECD and G20, has gained prominence as a key element of global efforts towards tax fairness. This reform, known as the “Inclusive Framework on BEPS” (Base Erosion and Profit Shifting), is based on two main pillars: Pillar...
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Change in the implementation deadline for mandatory e-Delivery in Poland
The Ministry of Digital Affairs has announced a postponement of the mandatory requirement for having an e-Delivery mailbox. The official announcement was published by the Minister of Digital Affairs in the Journal of Laws. The new implementation date for e-Delivery is January 1, 2025. The postponement will allow for amendments...
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Accommodation costs of posted employees in the EU do not constitute income
In recent years, the issue of taxation of accommodation costs for employees posted by employers to other EU member states has gained importance. In this context, the judgments of the Supreme Administrative Court (NSA) are crucial, as they clarify that such costs do not constitute income for the employee. The...
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The Whistleblower Protection Act – new responsibilities for employers
On June 24, 2024, the Whistleblower Protection Act was published in the Journal of Laws, aligning Polish legislation with Directive (EU) 2019/1937 of the European Parliament and Council dated October 23rd, 2019, concerning the protection of individuals reporting breaches of EU law. Legislative background Directive (EU) 2019/1937 The European Parliament...
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Draft law on Cryptocurrencies: Supervision, penalties and many changes
The Ministry of Finance’s Cryptocurrency law will, among other things, prohibit the offer of all virtual assets without a permit. The supervision of the market will be carried out by the Polish Financial Supervision Authority (KNF), which will have the power to impose severe penalties on companies or individuals that...
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WHT relief for holding companies: How and when can they be applied?
Preferential rules for taxing dividends and other income of holding companies in Poland and in the European Union are intended to support holding activities and avoid double taxation. In practice however, it is becoming increasingly difficult to benefit from WHT relief for holding companies in Poland. Why and when can...
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Lump sum for using a private car for local business travel as taxable income (PIT)
In the Polish tax system, there are many categories of income subject to Personal Income Tax (PIT). One such income is the lump sum paid to an employee for using his private car for local business travel. This topic is controversial in both practice and doctrine. The ruling of the...
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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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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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