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Tax alerts - archive - page 10

[11/2016] Withholding tax on software
29 February 2016
Tomasz BEGER
We would like to draw your attention to two judgements of the Supreme Administrative Court (SAC) of 4 December 2015 (file no. II FSK 2789/13 and II FSK 2544/13) concerning the issue of withholding tax on royalties for the use of software rights. In the said judgements, the Supreme Administrative Court stated that if in a given treaty for the avoidance of double taxation on income and on capital (hereinafter: DTT) the software has not been clearly included in the definition of royalties, it shall not be artificially included in that definition by recognising that in such case it is a work subject to copyright. In the issued rulings the Supreme Administrative Court emphasised that they remain consistent with the existing uniform jurisprudence of the SAC.
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[9/2016] Amendment to default interest rates

20 January 2016
Piotr LISS
As of 1 January 2016 the Act of 10 September 2015 amending the Tax Ordinance Act and certain other Acts (Journal of Laws of 2015, item 1649) amending the provisions on default interest rates for tax arrears which arose after 1 January 2016 has become effective. The scheme for calculating the standard rate as such is unchanged, that is it equals 200% of the standard Lombard loan interest rate increased by 2 percentage points which means that, at present, it equals 8%. What is indeed changed is the amount of interest rate and conditions of applying the reduced rate, what is more, an increased rate has been introduced. The increase of the interest rate is supposed to encourage the taxpayers to adjust their tax returns on their own, its reduction, on the other hand, is to hinder any possible abuse as regards various crucial issues, such as VAT or excise tax.
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[8/2016] New rules for granting powers of attorney
18 January 2016
Przemysław POWIERZA
The new rules of the Tax Regulations Act relating to the types of taxpayers' authorised representation and the ways of granting it entered into force on 1 January 2016. The amendments have been introduced by the Act of 10 September 2015 on Amending the Tax Regulations Act and Some Other Acts (Journal of Laws of 2015, item 1649). This information presents the most important effects of the changes to keep in mind in case an attorney represents you before tax authorities.
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[7/2016] New tax incentives – new possibilities of deductions
12 January 2016
Piotr LISS
On 1 January 2016 the Law of 25 September 2015 on changes to some regulations connected with supporting innovation (hereinafter called: the "Law") became valid. The Law introduces significant changes in the scope of eligible deductions from Income Tax. The provisions regulating the principles of deductions falling within the scope of the so-called new technology tax credit were repealed. In their place new tax credit concerning the research and development activity was introduced.
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[6/2016] Standard Audit File for Tax as of 1 July 2016
5 January 2016
Tomasz BEGER
On 5 October 2015, the President signed the Act of 10 September 2015 on Amending the Tax Regulations Act and Some Other Acts (Journal of Laws of 2015, item 1649). This act implements the concept of the so-called Standard Audit File for Tax (hereinafter referred to as "SAF-T​") - an idea developed by the OECD which requires taxpayers using computer programs to submit accounting books and evidence in the form of structured format files. With the use of appropriate algorithms, the format will automatically allow tax authorities to extract the required substantive data and to verify them.
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Tax on large-surface shops
16 December 2015
Piotr LISS
In 2016, the Polish government is planning to introduce a tax on large-surface shops that would hit large trade entities, in order to promote small, domestic, family shops. The initial assumptions about the tax have been introduced in a draft law, dated September 15, 2015, which includes, among others, taxing the entities operating a business activity at shops larger than 250 m2. Today, the government specifies that in the new, altered draft, the shop taxation will not depend on the surface, but turnover.
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Good faith and the right to deduct VAT
8 December 2015
Tomasz BEGER
On October 22, 2015, the Court of Justice of the European Union: (hereinafter: CJEU) issued its judgement in the case of Stehcemp sp. j. Florian Stefanek, Janina Stefanek, Jarosław Stefanek (C-277/14), in which it referred to the fundamental issue in the common VAT system regarding the taxable person’s right to deduct VAT paid from transactions considered as “suspicious”. Although the decision was made in favor of taxable person, it does not entirely solve the problem of taxpayers, whose suppliers turn out to be frauds.
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Amendments to the Corporate Income Tax Act
7 January 2015
As of January 1st 2015 some significant amendments to the Corporate Income Tax Act will come into force. Two of them are crucial and will apply to most of the tax payers – the CFC (Controlled Foreign Corporations) rules and changes in the thin capitalization regulations.
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Major changes in VAT in 2014
30 December 2013
Przemysław POWIERZA
Almost every single year VAT taxpayers in Poland may expect that as of 1 January 2014 significant changes in the Value Added Tax Act (henceforth VAT Act) will come into effect. From the beginning of 2014, the VAT Act will, for the first time, provide the taxpayers with the definitions of a traditional paper invoice and an electronic invoice. It will also provide for an updated list of VAT exemptions, both subjective and objective, as well as guidance on the calculation of turnover in case of proportion. A number of the aforementioned changes were covered in our October’s Tax Alert 24/2013, and therefore in this issue, we have decided to focus only on those changes in value-added tax that are, in our view, most significant and may constitute some problems in your tax returns.
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The most important changes in CIT and VAT
29 January 2013
We are pleased to present to you the most important changes in the Polish Corporate Income Tax (hereinafter referred as CIT) and Value Added Tax (hereinafter referred as VAT), which are effective as of 1st January 2013.
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