• Polski
  • Family foundation

    As of mid-2023, the institution of the Family Foundation has been introduced into the Polish legal order, the main purpose of which is to strengthen the legal tools for succession processes by introducing an institution for the accumulation of family wealth, allowing capital to be retained in the country for many generations and increasing the potential for domestic investment. The family foundation is intended to minimize the risk of unsuccessful succession and guarantee the continuation of business activities.

    A family foundation is a legal entity established to accumulate assets, manage them in the interests of beneficiaries, and fulfill benefits to beneficiaries. The legislator envisages preferential tax treatment for a family foundation.

    Introducing the institution of the Family Foundation into the Polish legal order, the main purpose of which is to strengthen the legal tools for succession processes by introducing an institution for the accumulation of family assets, allowing capital to be retained in the country for many generations and increasing the potential for domestic investment.

    The family foundation is intended to minimize the risk of unsuccessful succession and guarantee the continuation of business activities. A family foundation is a legal entity established to accumulate assets, manage them in the interests of beneficiaries, and fulfill benefits to beneficiaries. The legislator envisages preferential tax treatment for a family foundation.

    Who is it for?
    • Are you planning for succession in your business?
    • Are you wondering how to secure the business and guarantee its continuation?
    • Are you planning to leave the business, but worried about the lack of preparation of successors?
    Our support scope:
    • Analysis of the profitability of using a family foundation.
    • Support during the process of establishing a family foundation.
    • Support during the operation of a family foundation.

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      Winning the case before the Supreme Administrative Court

      on tax control for 2013 and determination of tax liability. Ref. act II FSK 585/20

      Winning the case before the Supreme Administrative Court

      regarding the Company's CIT exemption. Ref. act II FSK 1250/22

      Winning case before the Voivodeship Administrative Court

      on alleged abuse of VAT law. Ref. no. III Sa/Wa 203/22

      Judgment of the Supreme Administrative Court, ref. no. I FSK 1816/20

      The court objected to the very common approach among the tax authorities, but also often among the courts, of attributing an implicit awareness of participation in a fraud by pointing out that the evidence on the record did not show that such awareness existed. The court ordered that very precise criteria be taken into account that would make such awareness of fraud plausible.

      Judgment of the Voivodeship Administrative Court in Warsaw (III SA/Wa 2555/20)

      Judgment on abuse of rights. The court questioned the authorities' instrumental attempts to apply the concept of abuse of rights, pointing out that the conditions for abuse were not met in the evidence on the record.

      Winning case before the CJEU. C-395/09

      The right to deduct input tax when purchasing services from countries considered to be tax havens, Oasis East Ltd.

      Winning case before the CJEU. C-395/09

      The incompatibility with Community law of Polish provisions concerning the restriction of the right of entrepreneurs to deduct VAT on the purchase of passenger cars and fuel for them, Magoora Sp. z o.o.

      Winning case before the CJEU. C-313/05

      Excise duty levied on imported second-hand cars in connection with their first registration in Poland, Maciej Brzezinski

      Most conducted and won cases when representing taxpayers before the CJEU among all Polish attorneys.

      Jerzy Martini - author and co-author of Commentary on the VAT Directive (Unimex ed.)

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      Jerzy Martini - author and co-author of "VAT in the jurisprudence of the European Court of Justice" (publ. C.H.Beck)

      Marek Wojda - co-author of Commentary on the VAT Directive (Unimex ed.) and the VAT Act (C.H.Beck ed.)

      Featured in the 'Law firm on Linkedin - a practical guide' by legal marketing agency Tomczak Stanisławski.

      Repeatedly recognised in the rankings of Rzeczpospolita and Dziennik Gazeta Prawna.

      We teach at universities, including the School of Economics

      Jerzy Martini honoured annually in the prestigious Chambers & Partners ranking, indicated as Band I (highest possible level) in the individual ranking of tax advisers in the Tax Consultants category.

      Authors and commentators of tax publications in the trade press.