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Read more about the article Settlement of the R&D relief in case of holiday and sick pay of employees

Settlement of the R&D relief in case of holiday and sick pay of employees

Minister of Finance, General Interpretation No. DD8.8203.1.2021 Conclusions: Qualified costs for the R&D relief under Article 26e(2)(1) of the PIT Act and Article 18d(2)(1) of the CIT Act include payments…

Continue ReadingSettlement of the R&D relief in case of holiday and sick pay of employees
Read more about the article The current legal definition of a “construction” for tax purposes is unconstitutional and must be changed

The current legal definition of a “construction” for tax purposes is unconstitutional and must be changed

Constitutional Court, SK 14/21 Ruling: Article 1a (1)(2) of the Act of 12 January 1991 on Local Taxes and Fees is inconsistent with Article 84 and Article 217 of the…

Continue ReadingThe current legal definition of a “construction” for tax purposes is unconstitutional and must be changed
Read more about the article Hotels aren’t subject to the minimum income tax on real estate

Hotels aren’t subject to the minimum income tax on real estate

Supreme Administrative Court, II FSK 71/21 Ruling: The minimum income tax on real estate is applied only on income from lease or rental contracts and other similar ones, whereas a…

Continue ReadingHotels aren’t subject to the minimum income tax on real estate
Read more about the article A contractual penalty may sometimes become a tax deductible cost

A contractual penalty may sometimes become a tax deductible cost

Supreme Administrative Court, II FSK 68/21 Ruling: The penalty on withdrawal from the contract may be a tax deductible cost after fulfilling all the requirement of becoming such. The Act…

Continue ReadingA contractual penalty may sometimes become a tax deductible cost
Read more about the article Limited partnerships mustn’t pay advance tax payments in relation to renumeration of their partners

Limited partnerships mustn’t pay advance tax payments in relation to renumeration of their partners

Voivodeship Administrative Court in Gdańsk, I SA/Gd 291/23 Ruling: The 19% lump sum tax on renumeration in the form of advance profit payments may not be paid on a monthly…

Continue ReadingLimited partnerships mustn’t pay advance tax payments in relation to renumeration of their partners
Read more about the article Taxpayers may demand interests on overpayments even if they were late on filing a relevant request

Taxpayers may demand interests on overpayments even if they were late on filing a relevant request

Court of Justice of the European Union, C-322/22 Ruling: The principle of effectiveness, in conjunction with the principle of sincere cooperation, must be interpreted as precluding a piece of national…

Continue ReadingTaxpayers may demand interests on overpayments even if they were late on filing a relevant request
Read more about the article Voidness of a transaction under civil law doesn’t deny the right to deduct VAT under EU law

Voidness of a transaction under civil law doesn’t deny the right to deduct VAT under EU law

Court of Justice of the European Union, C-114/22 Ruling: Article 167, Article 168(a), Article 178(a) and Article 273 of Council Directive 2006/112/EC of 28 November 2006 on the common system…

Continue ReadingVoidness of a transaction under civil law doesn’t deny the right to deduct VAT under EU law
Read more about the article Tax authorities may not secure additional tax liabilities

Tax authorities may not secure additional tax liabilities

Supreme Administrative Court, I FPS 1/23 Ruling: The subject of a decision on securing a tax liability under Article 33 of the Tax Code of 29 August 1997 may not…

Continue ReadingTax authorities may not secure additional tax liabilities
Read more about the article Companies could have acquired the holding company status as soon as relevant provisions came into force

Companies could have acquired the holding company status as soon as relevant provisions came into force

Voivodeship Administrative Court in Warsaw, III SA/Wa 2935/22 Ruling: The continuous share ownership criterion may as well be met before the provisions on a holding company came into force, as…

Continue ReadingCompanies could have acquired the holding company status as soon as relevant provisions came into force
Read more about the article Admissibility of combining administrative sanctions of a penal nature for the same deed in VAT

Admissibility of combining administrative sanctions of a penal nature for the same deed in VAT

Court of Justice of the European Union, C-97/21 Ruling: Article 273 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Article 50…

Continue ReadingAdmissibility of combining administrative sanctions of a penal nature for the same deed in VAT

A.J. Żmuda-Trzebiatowscy Doradztwo Podatkowe Sp. z o.o.

Ul. Piękna 15
00-549 Warszawa

Poland

Sąd Rejonowy w Warszawie
XIV Wydział Gospodarczy
Krajowego Rejestru Sądowego

KRS 0000890673
REGON 388536808
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