Month: October 2020

The regulation on mutual recognition of goods in the EU countries, applicable since 10 September, introduces several good solutions, including the possibility to submit a declaration in this respect by businesspersons. On the other hand, it provides for penalties for submitting unreliable information. Most of all, however, it can have a significant impact on activities of national research units and technical assessment units – considers Radosław Chudy from GWW.

The article by Radosław Chudy was published on Prawo.pl:
https://www.prawo.pl/biznes/ustawa-o-wzajemnym-uznawaniu-towarow-w-ue-opinia-radoslaw-chudy,503388.html

The confusion that lasted for over 9 months made some retail chains decide to take matters into their own hands and add a warning on receipts from the cash register: “this document is not a simplified invoice”. This is however a risky solution.

COMMENTARY by Zdzisław Modzelewski, VAT expert, supervisor of VAT practice at GWW

Solely the Ministry of Finance is to be blamed for all this chaos. Instead of solving the problem, it generates more and more doubts. And the more doubts, the more risks. The solution used by some sellers who do not recognize receipts with tax identification number NIP (up to PLN 450) as an invoice within the meaning of VAT is risky, not to mention that it is wrong. If such a seller issues a standard invoice in addition to a receipt with NIP (up to PLN 450), there is a risk of considering this invoice as an empty invoice (because the receipt with the NIP number was the invoice documenting the transaction). This means that the seller has to pay VAT again and the buyer has no right to deduct VAT (as there is no real invoice, namely a receipt with NIP).

Personally, I believe that a receipt with NIP (up to PLN 450) is an invoice because it gives the buyer the right to deduct. Doubts about numbering, corrections or duplicates do not change anything as they can be easily explained.

However, since there are so many doubts related to the application of these regulations, it is obvious that the Ministry of Finance should issue an interpretation in which it would say something like this: a receipt with NIP (up to PLN 450) is an invoice, but if the parties decide that they want to issue a usual invoice for this particular sale transaction (and a receipt with NIP is returned, destroyed, etc.), then the latter document is an invoice within the meaning of VAT regulations. If the buyer deducts VAT from both these documents (a receipt and a usual invoice), it will still be disclosed in JPK. 

The article appeared in today's issue of Dziennik Gazeta Prawna: https://podatki.gazetaprawna.pl/artykuly/1493159,sklepy-znalazly-sposob-na-paragony-mf-nadal-twierdzi-ze-to-faktury.html 

Non-application of the limitation in recognizing expenditures in tax costs provided for in Article 15e paragraph 11 point 1 of the CIT Act does not depend on recognizing expenditure as an element of the final price of the product. The only requirement is to demonstrate a direct connection between the expenditure incurred and the production or purchase of goods or services by the taxpayer.

The article by Agnieszka Rzeszut is available on Prawo.pl: https://www.prawo.pl/podatki/limitowanie-kosztow-na-rzecz-podmiotow-powiazanych-uslugi,503545.html

Is the tax administration withholding VAT returns unreasonably? An answer to this question depends on whether it is provided by the Ministry of Finance or the businesses. The conflict is escalating, since according to the latest data from the Ministry, such delays in tax return are marginal. Only 0.2 percent of VAT payers receive their money after the deadline.

The article with a commentary by an expert on VAT, Zdzisław Modzelewski, was published in today's issue of Rzeczpospolita: https://www.rp.pl/VAT/310079893-Zwrot-VAT-to-klopot-dla-firm-ale-fiskus-problemu-nie-widzi.html 

If a limited liability company (spółka z o.o.) has made a profit, a resolution on its allocation should be adopted at the ordinary meeting of shareholders. Profit may, in particular, be paid to shareholders as a dividend. However, is it possible to change the date of payment for any reasons?

The article by Marcin Borkowski, Ph.D., in the Economic Law Academy of Dziennik Gazeta Prawna is available in today's edition of the daily: https://biznes.gazetaprawna.pl/artykuly/1492653,termin-wyplaty-dywidendy-kiedy-mozna-zmieniac.html 

At the invitation of the Lower Silesian District Chamber of Civil Engineers, Joanna Sebzda – Załuska, GWW partner, took part as a speaker in the Engineering Forum organized by the Chamber.

 

During the Forum, Joanna Sebzda – Załuska together with professor Krzysztof Schabowicz, Chairman of the Regional Disciplinary Court at the Lower Silesian District Chamber of Civil Engineers, discussed new regulations applicable to the investment process, and also took part in a panel discussion among engineers, designers and representatives of public administration bodies.

 

The event was recorded and shared on the tv.doiib.pl website (http://www.tvdoiib.pl/).

The real estate and tax team of GWW advised BPI Real Estate company, a leading real estate developer in Belgium and Luxembourg, on one of the largest transactions in Poland, and at the same time a record one in Poznań.

The transaction related to a land property purchased from Międzynarodowe Targi Poznańskie in the quarter of Grunwaldzka-Ułańska-Matejki Streets, intended for the purposes of a multifunctional development project. The transaction value is PLN 114.5 million.

The team was composed of: Paweł Wójcik, Joanna Sebzda-Załuska, Elżbieta Kamińska, Wojciech Kozorys, Joanna Pisula, Dorota Chramęga, Marcin Borkowski, Ph.D., Artur Bubrowiecki, and Mariusz Tkaczyk.

BPI Real Estate is a leading developer on the real estate market in Belgium, Luxembourg and Poland, offering high-quality investments carried out in line with principles of corporate social responsibility and care for the environment.

BPI Real Estate Poland and Revive want to join forces on the Poznań real estate market and intend to implement a multi-stage investment on the ​​5.5 ha area located in the very center of Poznań. The project assumes combination of residential, service and office functions, as well as revitalization of historic buildings of the former military barracks.

More info: https://projektinwestor.pl/aktualnosc/poznan-rekordowa-transakcja-mtp-sprzedaly-dzialke-na-lazarzu