Tax Law | HLB Poland

The latest news from HLB Poland

Coverage of losses from the statutory fund of a foundation and tax exemption

Recently, the Supreme Administrative Court of Poland (Polish: Naczelny Sąd Administracyjny, NSA) issued an important ruling regarding the issue of overpayment of corporate income tax by foundations with the status of a public benefit organization. This judgment, issued at the hearing on April 10, 2024, dismissed the cassation appeal filed by the foundation against the

19 July 2024

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Directive DAC7 – obligations from 1 July 2024

We would like to remind you that as of 1 July 2024, the provisions of European Union Directive No. 2021/1194 of 7 July 2021 (hereinafter “DAC7”) have come into force in Poland. These impose new reporting obligations on operators of digital platforms through which goods and services are offered. On 11 June 2024, the President

1 July 2024

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Amendment to the Accounting Act signed by the President

On April 16, 2024, the President signed an amendment to the Accounting Act, which requires large companies to break down information on income tax paid and other data by country. The amendment aims to align Polish regulations with the EU Directive 2021/2101 of the European Parliament and the Council of November 24, 2021, which amends

24 June 2024

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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. The taxpayer’s situation In the

17 May 2024

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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). Context An entrepreneur requested an

13 May 2024

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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, cannot be included in deductible

8 May 2024

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The increase in the VAT rate on food from April 1, 2024

The Ministry of Finance has announced that from April 1, 2024, the reduced VAT rate on basic food products will not be continued. Instead of the zero VAT rate, which has been in effect since February 2022, a rate of 5% will be applied. This decision was justified by a decrease in inflation, which seems

15 March 2024

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Protective opinion regarding the restructuring and transformation of a limited partnership into a limited liability company, as well as its taxation under Estonian CIT approach

On January 22, 2024, a statement was issued regarding the release by the Head of the National Tax Administration (KAS) of a protective opinion dated November 29, 2023, concerning the process of a partner withdrawing from a limited partnership and transforming it into a limited liability company, opting for taxation under the flat-rate income tax

20 February 2024

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Minimum income tax from 1 January 2024

From 1 January 2024, minimum rules for corporate income tax will come into force in accordance with Article 24ca of the CIT Act. This tax is intended to tighten the tax system and minimise the tendency to shift income from Polish companies to jurisdictions with a favourable tax regime. The purpose of the minimum tax

24 November 2023

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One-time tickets exempt from the obligation of issuing structured invoices in the National E-Invoicing System (KSeF) in Poland

On September 4, 2023, a draft regulation was introduced at the Government Legislation Center that defines situations where taxpayers, with properly documented delivery of goods or services, won’t need to issue structured invoices. Invoices related to toll road services, passenger transport regardless of distance, and air traffic control and surveillance will be exempt from this

2 October 2023

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Mandatory electronic invoicing (KSeF) from July 1, 2024 – bill signed by the President

On August 7th, 2023, the President of the Republic of Poland signed a bill dated June 16, 2023 into law, amending the Act on the Goods and Services Tax and some other acts. This legislation introduces the obligation to use e-Invoices and to utilize the National e-Invoice System (KSeF) from July 1, 2024 onwards. Some

30 August 2023

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Foreign controlled entities (CFCs) – tax on pass-through income

Pass-through income is defined as a specific type of tax-deductible expenses incurred by a taxpayer to a non-resident related party during the tax year. Taxes on pass-through income at a rate of 19% on the taxable base must be paid by taxpayers provided several conditions are met. I. The taxpayer must make payments of receivables

12 July 2023

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State of epidemic emergency cancellation and MDR deadlines

We would like to inform you that as of 1st of July 2023, the state of epidemic emergency related to SARS-CoV-2 virus infections on the territory of the Republic of Poland will be lifted. We point out that the revocation of the epidemic emergency has important implications on the ground of reporting national tax schemes

26 June 2023

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Estonian CIT – current legal status 2023

Estonian CIT is referred in the law as a lump sum on income of capital companies. It is a modern way of taxation that promotes investments and minimizes formalities when settling taxes for capital companies and partnerships. This solution is addressed to: micro, small and medium-sized capital companies and partnerships (limited and limited joint-stock partnership)

1 April 2023

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Extended deadline for filing ORD-U information

Please be advised that, based on the Ordinance of the Minister of Finance dated 16 February 2023 amending the Ordinance of the Minister of Finance of 24 December 2002 on tax information, the deadline for filing the Information on Agreements concluded with non-residents (ORD-U) will be extended. According to the adopted regulation, the ORD-U Information

16 March 2023

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Obligation for a company to file a CbC-P notification or CbC-R report

Country-by-Country report (CBC-R) is a reporting mechanism set out in the Act of 9 March 2017 on the exchange of tax information with other countries. Entities belonging to large multinational groups are obliged to report tax information related to that capital group to the National Tax Administration. In order to determine if there is an

7 February 2023