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Online sales platforms will settle VAT for sellers

The government is working on the e-Commerce package, a major VAT reform. The changes will primarily affect taxpayers selling goods or providing services via the Internet. New obligations will also arise for online sales platforms, auction portals or even social networks where the sale takes place.

COMMENTARY by Magdalena Verdun, tax advisor in the VAT proceedings team.

– At first glance, it would seem an excellent legislative measure for the post-pandemic period – on the one hand, it provides Member States with an additional cash injection, and on the other hand, it allows companies to make savings on VAT settlements. Unfortunately, although the e-commerce VAT package is aimed at eliminating some of the existing legal gaps that result in losses in VAT revenues in e-commerce transactions, it still does not combat illegal VAT evasion in online commerce – says Magdalena Verdun.

The expert explains that after the entry into force of the e-commerce VAT package, there will be no need to register and submit VAT returns in countries of residence of goods recipients. Sellers will however still be required to charge VAT in the country of the goods recipient but this VAT will be declared in the form of a quarterly return to one tax administration within the framework of the One Stop Shop (OSS) system. In comparison to local registrations, a disadvantage of OSS is that it does not allow businesses to claim deduction of input VAT on expenses incurred in the Member State of the goods recipient.

The article was published on the Prawo.pl legal portal: https://www.prawo.pl/podatki/zmiany-w-rozliczaniu-vat-sprzedazy-przez-internet,504751.html

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We know winners of this year’s Woyciechowski Award

Judyta Watoła and Wojciech Czuchnowski are the winners of the 16th edition of the Radio ZET Andrzej Woyciechowski Award. Journalists of Gazeta Wyborcza received the Award for a series of articles related to gross irregularities in the purchase of masks and respirators by the Ministry of Health, which were published in the period between May and July 2020.

Honorable mentions were awarded to Zbigniew Nosowski (Więź.pl) and Janusz Schwertner (Onet). In a special additional resolution, the Jury also distinguished Karolina Baca-Pogorzelska (BiznesAlert.pl) and Piotr Czaban (TVN24) for organization of the #uwolnićomara campaign. 

GWW Law Firm is a partner of the Radio ZET Andrzej Woyciechowski Award. As every year, also during this year's edition, we watched over the proper course of the competition. 

More information available on: https://wiadomosci.radiozet.pl/Polska/Judyta-Watola-i-Wojciech-Czuchnowski-laureatami-Nagrody-Radia-ZET-im.-Andrzeja-Woyciechowskiego 

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Limited partnerships will be devastated by the tax and the transformation may result in a dispute with the tax authorities

Application of CIT to limited partnerships will affect tens of thousands of Polish businesses. There is a risk that tax offices will accuse those partnerships that transform their legal form of tax avoidance. Do the new regulations discriminate some partners in partnerships and will they lower competitiveness of Polish businesses?

COMMENTARY by Mateusz Pietranek
– in the case of transformation of a limited partnership into another form, e.g. general partnership or professional partnership (especially right before the amendment becomes effective), there is a risk that the circumvention clause will be applied, since the tax authorities will be likely to claim that such action was performed mainly for tax purposes – The imprecise mention on the artificial nature of the transformation is the most problematic – he emphasizes.

The article was published in today's edition of prawo.pl:
https://www.prawo.pl/biznes/podwojne-opodatkowanie-spolek-komandytowych,504767.html

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A new digital tax will hit consumers

The digital market is with no doubt one of the fastest growing sectors of the economy, not only in the European Union but also in the world. According to estmates, it is worth, in the EU alone, over EUR 400 billion and forecasts for the coming years show this value will be at least twice as high. Such a dynamic development of this market and its value could not escape the attention of our government, which assumes that by 2025 the value of digital services in Poland may exceed 12% of Polish GDP, which amounts to over PLN 200 billion.

Andrzej Marton discusses consequences of the digital tax in the Polish legal system in Dziennik Gazeta Prawna.

Link to the article: https://podatki.gazetaprawna.pl/artykuly/1497089,podatek-cyfrowy-konsumenci-rynek-gospodarka-cyfrowa.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+GazetaPrawna-Podatki+%28Gazeta+Prawna+-+Podatki+i+rachunkowosc%29  

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Unequal treatment of shareholders may be allowed

According to law, the possibility of selling registered shares may be made dependant on company's approval. This requirement should be precisely provided for in the company's articles of association. But does such a restriction always have to apply to all shareholders?

This topic is elaborated on in today's Economic Law Academy of Dziennik Gazeta Prawna by Marcin Borkowski, Ph.D.

A scan of the article is available for download below the text.

 

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Limited partnerships try to find ways to avoid double taxation

A change in taxation of limited partnerships is rather certain. Only the date of entry into force of the new regulations is a question mark. Business entities are hastily looking for ways to avoid negative effects of the amendment and being required to tax their incomes twice. A change in the proportion of profit distribution or transformation of the partnership may be the solution.

Risky double taxation of the partnership’s profit – COMMENTARY by Mateusz Pietranek

Transformation of a limited partnership into a limited liability company and application of the new planned mechanism, i.e. the Estonian CIT, involves tax risk. The expert points out that in this context, the amendment to the act stipulates that in a situation where the transformation takes place and the first tax year of the company created as a result of the transformation is also the first year of applying the Estonian CIT, the company is obliged to determine and tax the income from the transformation equal to the surplus the market value of its assets, determined as at the transformation date, above the tax value thereof determined as at that date. It seems that abandonment of this regulation by the legislator would be an additional incentive for taxpayers to apply the Estonian CIT. 

The article is available on Prawo.pl:
https://www.prawo.pl/podatki/sposoby-na-zmiane-zasad-opodatkowania-spolek-komandytowych,504644.html

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Poland comes third from the end in the international ranking of the competitiveness of tax systems

Poland is on the 34th place out of 36 in the international ranking of the competitiveness of the tax systems of OECD countries. This is a sad and quite obvious assessment of Polish tax regulations and mechanisms. Issues pointed out to Poland included, inter alia, the above-average number of hours that a businessperson needs to spend on settling VAT and excessively restrictive regulations providing for compensation of losses.

We invite you to read the analysis by Radosław Chudy on Prawo.pl:
https://www.prawo.pl/podatki/rankingi-konkurencyjnosci-systemow-podatkowych-2020-tax-fundation,504610.html

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Basic procedure in the new PPL – contracts below EU thresholds – part 2

The new public procurement law provides for carrying out negotiations with contractors in, inter alia, the basic procedure comprising two variants: optional and obligatory. In an article published on Lexplorers, Marta Lipińska, attorney-at-law, points out to differences between negotiations in carried out according to respective procedures.

Link to the article: http://lexplorers.pl/tryb-podstawowy-w-nowym-pzp-zamowienia-ponizej-progow-unijnych-czesc-2/

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A partner should have the current value of his share returned

Legal regulations enable a partner to withdraw from a general partnership. In such a case, the partnership should return the value of such partner's capital share to him. However, how to determine this value, if it has changed throughout the partnership's activity?

This issue is elaborated on in today's issue of Dziennik Gazeta Prawna, in an article written by Marcin Borkowski, Ph.D.

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Recruitment to the Private Client advisory team

We are looking for a lawyer to the Private Client advisory team, experienced in providing tax advice. 

Duties:

  • providing regular advice, mainly in the area of income taxes, in particular for private clients
  • preparing legal opinions and analyzes in the field of asset protection, inheritance law and succession
  • direct contact and cooperation with clients

We offer:

  • stable employment in a company existing on the market for nearly 25 years
  • an opportunity of professional development through participation in projects implemented for Polish and international clients
  • attractive financial conditions, depending on experience and skills
  • incentive programs

The team operates in the field of the following practices:

 

We are recruiting through Pracuj.pl. We encourage you to submit your applications.

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