This is a page for the tag Legal Services in Poland
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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Amendment to the Act on the National Revenue Administration and Certain Other Acts
On March 12th, 2024, the Council of Ministers adopted a draft amendment to the Act on the National Revenue Administration and other acts, presented by the Minister of Finance. The new regulations introduce significant changes aimed at aligning Polish law with EU regulations and strengthening control over the flow of...
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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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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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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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