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Formal errors not always make resolutions invalid

In certain circumstances, the registry court may authorize company shareholders to convene a meeting. The court then appoints a chairperson of such meeting. What conditions must be met to ensure validity of resolutions adopted at such a meeting of shareholders?

This question is answered by Marcin Borkowski, Ph.D, in Tuesday's edition of the Economic Law Academy of Dziennik Gazeta Prawna. The whole article can be downloaded below.

 

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INFOR 2020 Accounting Forum

Many new tax solutions have been introduced this year, such as the new JPK_VAT file and elimination of VAT returns, a VAT white list, or rules for settling bad debt relief in CIT returns. During this year's Accounting Forum organized by Dziennik Gazeta Prawna, our experts: Ines Borkowska and Angelia Dahms will discuss rules for granting benefits and issues related to settlements regarding co-financing for companies in the fight against the effects of COVID.

Detailed issues that will be discussed by GWW specialists and the whole agenda are available here: https://s3-eu-west-1.amazonaws.com/landingi-editor-uploads/uxOEHJ1J/Broszura_forum_ksiegowoaci_20201020.pdf 

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Distinction in the World Tax 2021 ranking for Małgorzata Militz

Małgorzata Militz, tax advisor and partner managing the VAT proceedings team at GWW, was included in the World Tax ranking, in which the best tax advisors in Poland are recommended, for another year in a row. Małgorzata’s name appeared in the category of indirect taxes and women dealing with taxes, receiving the following distinctions:

  • Indirect Tax and
  • Woman in Tax

The annual World Tax ranking distinguishes significant and recognizable specialists providing tax adviser’s services. More information on how the ranking is compiled, the ranking itself, and the distinguished specialists can be found on the World Tax website: https://www.itrworldtax.com/ 

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Counterparties’ numbers in JPK_V7 files

Already on 25 November, we will submit new JPK VAT files to the tax authorities for the first time. The risk of reporting errors is increasing, just as the risk of penalties.  

A counterparty’s number is one of the two most important pieces of information that we report in the JPK_VAT file. It is the errors in the counterparty’s number in combination with the “country code” box that may be the main reason for imposing a fine of PLN 500 per error on taxpayers. Therefore, proper reporting of countarparties’ numbers will be one of the most important issues related to the new JPK_VAT. 

JPK Insight invites you to an online meeting with Krzysztof Czekaj, a tax advisor, during which he will demonstrate how to report counterparties’ numbers and how to ensure that data are correct. 

Rules for entering counterparties’ numbers in JPK_V7 files. 
Date: Tuesday, 10 November 2020, 10.00 am

Registration for the webinar: https://jpk-insight.pl/webinaria-jpk-insight/

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Ministerial tools for sending new JPK files not for everyone

The Ministry of Finance launched an application for sending new uniform control files with the tax return. They need to be submitted for the first time by 25 November. However, experts point out that only small companies will use the tools shared by the office – it is impossible to send large files.

COMMENTARY by Marcin Kopczyk
Marcin Kopczyk, tax advisor at GWW, also draws attention to the limitation of the size of the transferred file to 100 MB. It will be possible to send a file containing no more than 60 thousand invoices with the use of the JPK_WEB Klient application. The Ministry of Finance explained that when the size of the JPK_V7 file exceeds 100 MB, other methods of transferring files, including commercial applications, should be used.

– Once again, the tax administration provides information important for taxpayers, which may has a negative impact on their business activities, at the very last moment. When preparing the JPK_WEB Klient application, the Ministry of Finance had to be aware for a long time that the file size will be limited – points out Marcin Kopczyk.

The article was published on Prawo.pl: https://www.prawo.pl/podatki/jpk_vat-i-ograniczenia-aplikacji-jpk_web-rozliczenie-jpk-z,504273.html

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Swiss franc cases still without breakthrough

On 15 October this year, the Supreme Court issued a ruling on a denominated loan agreement taken from Deutsche Bank. There were a lot of expectations caused by this judgment, even hopes that it would become a breakthrough in the so-called “Swiss franc cases”. It was not the first time when the Supreme Court focused on the subject of indexed loans, however it was the first time when it expressly and unequivocally commented on the possibility and justifiability, if any, to consider such an agreement as invalid in its entirety pursuant to Article 58 of the Civil Code due to its nature contrary to law and principles of social coexistence. So why no breakthrough has been observed?

Answers to these questions are provided by the trainee attorney-at-law Dorota Kęsik in Lexplorers.

Link to the article: http://lexplorers.pl/przelomu-w-sprawach-frankowych-nadal-brak/ 

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Liability of managers of public finance sector units

On 7-9 December, the 6th Forum on Liability of Managers of Public Finance Sector Units will be held. The program includes lectures on public procurement, accounting, personal data protection, financial control, and IT-related issues.

A lecture on liability for breach of public finance discipline and penal liability in connection with irregularities in EU projects will be given by Grzegorz Karwatowicz, an expert in the field of state aid, public procurement, and return of EU funds.

The conference is held in a hybrid form; participants can come to Wrocław or participate online.

Program: https://forum.administracjapubliczna.pl/harmonogram/

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GWW financial panel during the Specjał Capital Group Congress

On 2-15 November 2020, the FMCG Congress and the 28th International Auto Flota Business Food and Medicine Fair are held, organized by the Specjał Capital Group. This year, the event is organized online.

Our experts were invited to participate in the Specjał Capital Group Congress, during which they led the financial panel. Subjects touched upon during our panel focused on two issues:

We encourage you to go through the lectures of our experts, which are available online.

More information about the event: https://targispecjal.pl/program/#1599516785201-ed355a32-8df3

 

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“Safe harbour” in transfer prices – is it really that safe?

The area of transactions effected by related entities pursuant to transfer pricing regulations is one of the most dynamic and vulnerable to changes in Polish tax law. The most common transactions of this type undoubtedly include loans and, respectively, credits and bond issues granted by entities to each other.

The safe harbour mechanism is described by the transfer pricing specialist, Radosław Chudy, on Prawo.pl.

The article was published on the Prawo.pl portal: https://www.prawo.pl/podatki/bezpieczna-przystan-safe-harbour-w-cenach-transferowych-opinia,504246.html

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Employees may apply for recalculation of the benefit calculation base

On 9 October this year, a regulation that allows contribution payers (employers or the Social Security Company – ZUS) to recalculate the basis for calculating social security benefits paid to employees for the period from 31 March 2020 entered into force. The recalculation is made at the employee's request.  

We invite you to read today's article by Joanna Łukaszczuk on the Lexplorers legal portal.

Link to the publication: http://lexplorers.pl/pracownicy-moga-skladac-wnioski-o-ponowne-przeliczenie-podstawy-wymiaru-zasilkow/ 

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