• Polski
  • Tax Blog

    13.08.2023

    Supply of commercial real estate vs. enterprise/organized part of enterprise

    The disposal of commercial real estate, together with additional assets used to carry out a specific business activity, may have diametrically different VAT consequences depending on the classification of the subject of the transaction as either goods or a business/organization thereof. This is because the transaction of disposal of a business/organized part of a business is not subject to VAT.  

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    12.08.2023

    Free transfer of goods and VAT

    VAT-related regulations are an important part of financial regulation for businesses in Poland. Often, however, these regulations can be complicated and incomprehensible to the average businessman. One such issue is the taxation of gratuitous transfers of goods. In this blog post, we will take a closer look at when such transfers are subject to VAT, in accordance with Article 7(2) of the VAT Act. We will also discuss issues related to exceptions to this rule, define the concepts of “gifts of small value” and “samples,” and provide examples of tax authorities’ interpretations in the context of gratuitous transfers of goods.

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    11.08.2023

    Sale of goods at promotional prices – VAT consequences

    Sales promotions and significant price reductions are common strategies used to attract customer attention and increase sales. Promotional prices, often drastically reduced, are often part of the marketing strategies of many companies. While these activities are beneficial to consumers, for businesses they can have important tax consequences.

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    09.08.2023

    Advertising agency scheme vs. VAT

    In some industries (e.g., manufacturing, FMCG), sales-supporting promotional actions involving the transfer of prizes to consumers or businesses are regularly used, the organization of which is entrusted to specialized advertising agencies. As part of the organized action (e.g., a contest or lottery), the task of such an agency is, among other things, to acquire and transfer prizes. What are the VAT implications of such an action? Can the inclusion of the value of the prizes in the agency’s invoice for the marketing service provided entail a VAT risk for the principal? It is worth thinking about this already at the stage of planning the action and estimating its costs.

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    09.08.2023

    VAT implications of converting perpetual usufruct of land into ownership

    The discussion of the VAT implications of converting perpetual usufruct of land into ownership is becoming increasingly important. This complex legal issue is related to both state-owned and local government-owned real estate that is subject to perpetual usufruct. In this material, we will analyze the modes of converting perpetual usufruct to ownership and the related tax consequences, which can be of significant importance to taxpayers.

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    08.08.2023

    Refusal to issue an individual interpretation due to abuse of right

    We live in a rapidly changing tax reality, with dozens of new regulations introduced almost every year. The complicated, unstable tax system presents taxpayers with challenges in correctly interpreting and applying the rules. An individual tax law interpretation appears to be a key tool that offers essential support. It not only assists in understanding the law, but also protects against its incorrect application. Nonetheless, situations arise that complicate the process, such as “reasonable suspicion of abuse of the law.”

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    04.08.2023

    What is the National e-Invoicing System (KSeF)?

    Have you ever wondered how the operation of the National e-Invoicing System (KSeF) might affect the running of your business? If so, this material is for you. We will explain in easy-to-understand terms how the KSeF works, the benefits of its voluntary use, and what the introduction of mandatory use of the system, which is planned for 2024, will bring. You’ll learn what steps you need to take to use e-invoicing, what the rules are for issuing it, and what procedures you should carry out in your company to introduce the system smoothly. In the final part of the article, we’ll consider whether it’s worth using the voluntary KSeF right now, and what benefits it can bring to your company. Keep reading to learn more about this revolutionary change in the Polish invoicing system.

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    Prototype relief

    The prototype tax credit from January 1, 2022 is available to entities engaged in research and development activities. The purpose of this relief is to support entrepreneurs to carry out activities that create new and improve existing products, processes and services. It will be available to those taxpayers who incur expenses at the stage of testing an invention, prior to mass production and marketing. A company that decides to prepare a prototype can include the expenses incurred for its creation in deductible costs, and will also gain the ability to deduct additional expenses from the tax base.

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