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Taxation of sales intermediation services withholding tax

On 29 December 2021, the Director of the National Tax Information issued an individual interpretation with ref. no. 0111-KDIB2-1.4010.441.2021.1.MK on the determination of whether the Representatives' receivables (fee on sales) constitute receivables for advisory...

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When carrying out a transaction with a civil law partnership, the value of the transaction should be determined in relation to the civil law partnership and not separately for each partner of the partnership – interpretation by the Polish Accounting Standards Board

On 2 June 2021 The Director of the National Fiscal Information issued an individual interpretation (ref. 0113-KDIPT2-3.4011.207.2021.3.MS) on whether, in the case of a transaction with a civil partnership, the value of the transaction is determined: in relation to the...

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There is little time left to submit the ORD-U

We would like to remind you that 31 March is also the deadline for submission of information on agreements concluded with non-residents (ORD-U) for taxpayers whose financial year coincides with the calendar year. The obligation to prepare and submit information...

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Transfer pricing adjustments – and who to believe?

Profitability adjustments (upward or downward) made between related parties consisting in the adjustment of the profitability level should not be subject to VAT either as an adjustment of the tax base for the supply of goods or as remuneration for the provision of...

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Active regret for TPR-C information filed late

On December 31, 2020, the deadline for filing the TPR-C information by taxpayers for which the fiscal year coincides with the calendar year expired. In the event of failure to submit the TPR-C information to the Head of KAS by the due date, the obliged entities should...

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No need to document the dividend payment

In accordance with the amendment to the regulations in force since 1 January 2019, the documentation obligation is subject to controlled transactions of homogeneous nature whose value exceeds certain documentation thresholds. Controlled transaction means identified on...

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Withholding tax for making employees available

In an individual interpretation dated August 13th 2020, mark 0111-KDIB1-1,4010,244,2020.1.ŚS Director of the National Revenue Information System decided that payments for making employees available are subject to WHT and the Company will be obliged to collect a...

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No withholding tax on R&D services

In an individual interpretation, mark 0111-KDIB1-3.4010.272.2020.1.APO, the Director of National Tax Information confirmed as correct the company's position regarding the collection of lump-sum income tax (withholding tax) on payments for R&D services. The...

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Economic strategy and economic conditions as important elements in determining the value of a controlled transaction between related parties – the judgment of the Voivodeship Administrative Court in Szczecin, sign. I SA/Sz 84/20 of 04.06.2020.

The verdict was issued on the grounds of an interpretation case in which the tax authority questioned the amount of revenues indicating their underestimation and therefore considered the prices applied by entities as deviating from market conditions. Therefore, the...

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Withholding tax for complex services

In the judgment of 17 June 2020, Case No. I SA/Sz 65/20, the Regional Administrative Court in Szczecin indicated that the condition for the application of Art. 21 of uCIT is not the result of payments from a separate (spontaneous) legal relationship, as its...

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The withdrawal of a shareholder from a commercial law company in the form of voluntary redemption of shares, regardless of its nature (voluntary or compulsory) implies the obligation to prepare transfer pricing documentation

In the individual interpretation of 10 June 2020 The Director of the National Revenue Office* explained that if a shareholder joins a commercial company in the form of a voluntary redemption of shares, regardless of its nature (voluntary or compulsory), there will be...

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Purchasing intermediation services are services similar to consultancy, advertising and market research’ and are consequently subject to WHT and tax deductible limits – position of the WSA in Rzeszów, dated June 4th 2020, ref. I SA/Rz 236/20

The judgment relates to the case concerning a complaint against an individual interpretation. The case concerned a Company specialising in tin recovery. It manufactures pure tin and offers tin alloys and soldering alloys. Due to the fact that industrial waste, which...

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Insurance services are not subject to WHT

Insurance services which are purchased from non-residents are not subject to flat-rate WHT. In the judgment of the Voivodship Administrative Court in Bydgoszcz of 22 January 2020, ref. ISA/Bd 655/19 the court held that insurance services cannot be considered as...

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Dobrowolne umorzenie udziałów

On 10 June 2020 The Director of National Revenue Information issued an individual interpretation (ref. 0112-KDIL2-2.4011.287.2020.2.AA), the subject of which was, among other things, to determine whether voluntary redemption of shares in a capital company without...

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Individual interpretation by the Director of the National Treasury Information concerning the determination whether the interest paid by the Company to the New Creditor, after subrogation, will constitute a deductible cost for the Applicant.

On 24 April 2020. Director of National Treasury Information issued an individual interpretation (ref. 0111-KDIB1-1.4010.47.2019.2.MF), as to whether interest paid by the Company to the New Creditor, after subrogation, will be deductible for the Applicant. This...

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Transfer pricing adjustment

On 7 April 2020 Director of National Treasury Information issued an individual interpretation (ref. 0114-KDIP2-2.4010.47.2020.1.SJ) regarding transfer pricing adjustment. The applicant's doubts concerned the determination whether making an income adjustment...

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The taxpayer is obliged to have a statement from the beneficial owner of the taxpayer in each case when it pays interest in the amount exceeding PLN 2,000,000 and, in addition, it should meet additional requirements specified in the provisions of the Corporate Income Tax Act.

On 25 February 2020. The Regional Administrative Court in Łódź, in its judgment under no. I SA/Łd 685/19, dismissed the complaint against the contested interpretation, considering the position presented therein as correct. The dispute in this case concerned two...

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