RSM Poland



24 September 2020
Piotr LISS
We informed you in the first week of September that information on the work on the draft of major changes in the PIT and CIT taxes was published on the Council of Ministers’ website. Yesterday the draft saw the light of day and, unfortunately, it confirmed major concerns associated with it. The proposed amendments involve a number of matters that have been previously signalled, including, most notably, the corporate income tax (CIT) being imposed on limited partnerships. The changes are to enter into force as of the beginning of 2021.
11 September 2020
Piotr LISS
In recent days, the website of the Council of Ministers informed about the planned amendments of income tax regulations. According to the announcement, the prospective changes will involve CIT taxation of limited partnerships and, in special cases, of general partnerships.
10 September 2020
Piotr LISS
Starting from 2021, the possibility of tax-free reinvestment of the earned income, the so-called Estonian CIT will be introduced into the Polish tax system. Recently, a draft law initiating the changes has been published, which allows us to learn details of the adopted solution.
29 June 2020
The effects of the COVID-19 epidemic are noticeable in all economic sectors across the country. Since the beginning of the epidemic, the government has been working on solutions to help entrepreneurs save jobs.
18 June 2020
On 3 June 2020 the German government agreed on a EUR 130 billion stimulus package to help revive the German economy hit by the COVID-19 pandemic and the resulting recession. One of its postulates focuses on boosting consumer spending by lowering VAT rates: the standard rate is to be reduced from 19% to 16% and the reduced rate of 7% will be reduced to 5%. Lower tax rates will apply from 1 July until 31 December 2020. Now the package has to be approved by the German Bundesrat.
4 June 2020
Tomasz BEGER
What an unexpected twist – the Polish Government proposes to postpone the deadline for the fulfilment of transfer pricing obligations. These changes are included in the next anti-crisis draft act on subsidizing interest rates on bank loans granted to ensure financial liquidity of businesses affected by COVID-19 and amendments to some related acts (hereinafter: Shield 4.0), published on 28 May on the website of the Government Legislation Centre. Pursuant to the proposed changes, taxpayers will be given three additional months to meet the reporting obligations concerning transfer pricing. Below we discuss the scope of these changes.
2 June 2020
On Thursday, 28 May 2020, the Ministry of Finance announced that due to the current state of pandemic caused by SARS CoV-2 virus, the deadlines for submitting the new JPK_VAT for all taxpayers will be postponed from 1 July to 1 October 2020.
25 May 2020
In accordance with the European Commission’s Communication on EU strategy and action plan for customs risk management, on 15 March 2021 the European Union is launching a new EU customs pre-arrival security and safety programme, the so-called ICS2 (ImportControlSystem2). The programme will be launched to strengthen the protection of the internal market and EU citizens. ICS2 will replace the ICS programme.
13 May 2020
On 7 May 2020 the European Court of Justice issued a judgement in the case involving a Polish company Dong Yang Electronics sp. z o. o. (hereinafter: “Dong Yang”) and the Director of the Tax Administration Chamber in Wrocław (C‑547/18), in which it stated that a service provider cannot determine the existence of a fixed establishment in a member state of a company seated in a country outside the EU on the basis of a mere fact that the company has a subsidiary in this member state and that the service provider is not obliged to verify, for the purpose of such a determination, the contractual relationships between these entities.
12 May 2020
Tomasz BEGER
Zmniejszone przychody, zwiększone koszty, przestoje w produkcji, problemy z dostawami materiałów i surowców, osłabiona efektywność, niewypłacalność – to tylko niektóre z licznych negatywnych skutków, z którymi mierzą się przedsiębiorcy w obecnej sytuacji spowodowanej pandemią koronawirusa SARS-CoV-2. Kryzys gospodarczy wywołany wprowadzeniem w Polsce oraz w wielu innych krajach stanu zagrożenia epidemiologicznego oraz stanu epidemii związanego z rozprzestrzenianiem się koronawirusa stanowi zagrożenie również w kontekście wywiązywania się z obowiązków dokumentacyjnych i sprawozdawczych w zakresie cen transferowych. W niniejszym wpisie przedstawimy kluczowe ryzyka i wyzwania stojące przed podmiotami powiązanymi w zakresie cen transferowych w obliczu wirusa COVID-19.
6 April 2020
The President has signed the act amending the act on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and related states of emergency and certain other acts, i.e. the so-called anti-crisis shield approved by the Sejm. The main objective of the anti-crisis shield is supporting companies suffering financial loss due to COVID-19 in order to protect work places.
27 March 2020
On 26 March on the website of Polish Sejm a draft act amending the act on special arrangements related to preventing, counteracting and combating COVID-19, other infectious diseases, and resulting states of emergency, and certain other acts was published. The draft act will be considered by the Sejm this week.
20 March 2020
On 19 March 2020 the Ministry of Finance posted on its website an announcement on new tax solutions aimed at minimising adverse economic effects being a result of the outbreak of the coronavirus pandemic (the so-called anti-crisis shield program).
17 March 2020
Przemysław POWIERZA
From 1 April 2020, large enterprises will be obliged to submit a new SAF-T (in Polish: JPK_VAT) that is going to replace the VAT return and the previous SAF-T. Other entities, i.e. small and medium-sized enterprises and micro-entrepreneurs will have to follow suit from 1 July 2020; however, they have the right to apply this new solution already from April this year. They must keep it in mind, though, that once they submit a JPK_VAT, they cannot return to the old regime.
9 March 2020
26 February 2020 The Supreme Administrative Court (NSA) issued a judgment on the permanent place of business for VAT purposes of an entrepreneur established abroad. The judgment may be important for foreign entrepreneurs, but also for contractors providing services to such customers on entrusted materials.
17 January 2020
A micro-account is an individual tax account generated for individual taxpayers, which is used to pay PIT, CIT and VAT.  As of 1 January 2020 taxpayers and employers (payers) will pay PIT, CIT and VAT to the tax office using it.
23 December 2019
Przemysław POWIERZA
24 June 2019 The Government Legislation Centre has published a draft law amending the VAT Directive and the Fiscal Penal Code. The aim of the project is to implement EU regulations in the area of quick fixes. However, the project has not yet been referred to the Sejm and has been stalled at the level of the Committee for European Affairs. This may seem a puzzle, as the purpose of the project is to seal the VAT regulations across the entire EU.
2 December 2019
The BDO register includes entities that market products and packaged products and manage waste. It is an integral part of the product, packaging and waste management database. It makes up an intergral part of the base on products and packagings and waste management. BDO allows for the collection of information regarding waste management and ensures that the registration, recording and reporting obligations can be done online. Depending on the type of business, entrepreneurs are entered to the register either at their own request or ex officio.
28 October 2019
On 13 October 2019, as a result of the entry into force of provisions of the Act of 1 March 2018 on countering money laundering and terrorist financing, uniform text of 16 May 2019 (Journal of Laws of 2019, item 1115, as amended, hereinafter referred to as “the Act”), which we discussed in the article Central Register of Ultimate Beneficial Owners, i.e. Transparency Above All, the CRUBO became operational, being a system for collecting and processing the information on ultimate beneficial owners, i.e. natural persons who either directly or indirectly control a company. The establishment of the Central Register of Ultimate Beneficial Owners is going to materially affect the operation of many businesses.
27 September 2019
Tomasz BEGER
On 6 August 2019, the President of the Republic of Poland signed the Act of 19 July 2019 Amending Certain Acts in Order to Reduce Payment Backlogs. This amendment, aimed at strengthening the financial liquidity of businesses, introduces an obligation for certain entrepreneurs to submit annual reports on applied payment terms to the Minister of the Economy.



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