Polish Holding Company
As of January 1, 2022, regulations on the so-called Polish Holding Company (PSH) have been introduced into Polish law. This is a solution which, through the introduction of tax preferences (including exemption from taxation on the sale of shares of subsidiaries) for entities that use it – is intended, among other things, to encourage investors to operate holding companies in Poland.
A holding company may be a limited liability company, a simple joint-stock company or a joint-stock company subject to unlimited tax liability in Poland.
In order for an entity to be considered a holding company, it must meet a number of conditions stipulated by the legislator, such as:
- the level of shares in the capital of the subsidiary,
- the use of tax benefits,
- the conditions of residency of the holding company’s shareholder or stockholder.
Preferences that PSH brings:
- tax exemption of income from the paid disposal of shares (stocks),
- tax exemption of income from dividends.
Who is it for?
- Are you running a capital group?
- Are you planning changes to your capital group structure?
- Your current capital group structure is tax inefficient?
- Your capital group contains foreign entities?
- In your capital group, the function of the holding company is performed by a foreign entity?
Our support scope:
- Analysis of the feasibility and cost-effectiveness of implementation.
- Adaptation of the structure to PSH requirements.
- Support in implementation of implementation assumptions.
- Ongoing support for the application of the PSH model.
Contact one of our experts on safe tax optimization
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.)
Jerzy Martini - author, co-author and editor of Commentary to the VAT Act (publ. C.H.Beck)
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.