• Polski
  • Choosing the optimal forms of business

    The beginning of running a business undoubtedly contains many challenges, starting with the business plan, the target group, the scope of services provided, the analysis of competition and the market. Unfortunately, amid the flurry of duty at the very beginning of the business, some entrepreneurs put aside the analysis of the legal form of the business to the sidelines.

    In an era of so many changes in tax laws, especially in the part concerning income taxation, choosing the optimal legal form should be one of the basic elements of a good business plan for any business.

    Depending on the nature and type of business, you may be entitled to tax breaks, exemptions or dedicated structures for each business profile. For these reasons, at the very start of a business or its development, it is definitely worthwhile to carefully analyze the possible options and choose the one that is most suitable and tax-efficient for your business.

    Who is it for?
    • Do you run a company and would like to verify the optimality of your solutions?
    • Would you like to learn about alternative opportunities that bring tangible tax benefits?
    • Are you planning to start your own business, but don't know what will be the most tax advantageous?
    • Your business is growing dynamically and you would like to adjust the level of development to the optimal tax solutions used in the market?
    Our support scope:
    • Analysis of the financial and tax situation.
    • Support in choosing the appropriate form of taxation.
    • Support in the selection of available tax credits and exemptions.
    • Comprehensive advice on the restructuring of ongoing activities.

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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.)

      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.

      Authors and commentators of tax publications in the trade press.