Tax consequences related to the acquisition of end-user licenses from foreign contractors

On February 14, 2022, the Director of the National Tax Inspectorate issued an individual interpretation with reference no.  0111-KDIB2-1.4010.574.2021.2.MKU on the determination of tax consequences related to acquiring end-user licenses from foreign contractors. The...

The increase in NBP interest rates and comparative analyzes

The Monetary Policy Council of the NBP (MPC) raised interest rates once again. On February 8, 2022, the Monetary Policy Council decided to increase the reference rate by 0,50 percentage points. i.e. from 2.25% to 2.75%. Thus, an increase in interest rates may have an...

Estonian CIT solutions when the total revenues from operations in 2021 exceed PLN 100 million

On January 18, 2022, the Director of the National Tax Inspectorate issued an individual interpretation with ref. no.  0111-KDWB.4010.51.2021.1.BB on determining whether the Applicant loses the right to taxation in the form of a lump sum from capital companies when the...

It is impossible to apply for the exemption from the obligation to prepare local transfer pricing documentation in the event of a loss on the source of revenues, while this loss was not the result of a controlled transaction.

On January 20, 2022, the Director of the National Tax Inspectorate issued an individual interpretation with ref. no. 0111-KDIB1-3.4010.625.2021.2.MA on determining the possibility of using the exemption from the obligation to prepare transfer pricing documentation for...

Purchase transactions from the perspective of the taxpayer are subject to verification for the emergence of a documentation obligation in respect of “haven transactions” – interpretation of the ASC

On 19 January 2022 The Director of the National Fiscal Information issued an individual interpretation (0111-KDIB1-2.4010.385.2021.1.AW) regarding the determination of the lack of the obligation to prepare transfer pricing documentation under Art. 11o of the Corporate...

Exemption from the transfer pricing obligation if the Subsidiary with which the transaction is concluded and controlled settles with a tax haven

On 11 January 2022, the Director of the National Tax Inspectorate issued an individual interpretation with ref. no. 0111-KDIB1-2.4010.335.2021.1.DP on determining whether the Company will be entitled to benefit from the exemption from the obligation to prepare...

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...

Transfer pricing obligations in the case of attribution of income (loss) to the Branch of the Company by the parent entity

On 3rd December 2021, the Provincial Administrative Court in Lublin, in the judgment of ref. I SA/Lu 431/21 on corporate income tax in the scope of determining whether the obligation to prepare transfer pricing documentation by the Branch includes a “controlled...

Positive restrictions on transfer pricing obligations

The concept of a controlled transaction includes all economic activities, the actual content of which is identified based on the actual behavior of the parties. Due to definition, each time-related parties are uncertain about the obligation to prepare transfer pricing...

The proposal indicated in the draft EU Directive will prevent certain shell entities from benefiting from the preferences contained in double tax treaties

On December 22, 2021. The European Commission presented a draft Directive[1] designed to prevent shell entities from unauthorizedly reducing or avoiding tax liabilities through international arrangements contained in double tax treaties. The aim is to prevent shell...