Month: July 2021

Carrots and sticks – this is what the last signals from the 12th Transfer Pricing Forum should be called.

The Ministry is planning both a number of facilitations and improvements, but also sanctions and penalties in the field of documentation and information obligations in respect of TP.

Radosław summarizes the 12th edition of the Transfer Pricing Forum, which took place at the end of June 2021, in an article on Prawo.pl: https://www.prawo.pl/podatki/kary-za-brak-dokumentacji-cen-transferowych-dla-podmiotow,509296.html

It often happens that shareholders are excluded from a limited liability company as a result of compulsory redemption of shares, including automatic redemption, which takes place when a specific event occurs. What prerequisites must be met to ensure effectiveness of such redemption?

 

The latest article by Marcin Borkowski, Ph.D., attorney-at-law and of counsel, has been published in Dziennik Gazeta Prawna.

Zbigniew Makowski has joined the group of GWW tax advisors. Zbigniew deals with VAT, he also has extensive knowledge in the field of using new technologies to settle taxes. He worked at GWW until March 2017, now he is coming back to us after a 4-year break. During this time, he worked in the Ministry of Finance as Deputy Director of the VAT Department, where he developed the most important changes in VAT in recent years, in particular a new VAT rate matrix, split payment mechanism, list of VAT taxpayers, new JPK_VAT file, on-line cash registers.

At GWW, he will provide tax advisory services in the field of VAT. He will also support the development and implementation of new JPK Insight IT solutions.

Here is our second quarterly newsletter for this year prepared by the private client advisory team.

A subjective list of legal and tax changes and their announcements, which primarily affect wealthy private clients and family businesses – can be downloaded below.

So far, the Ministry of Finance is not going to amend the regulation which allows for the suspension of the limitation period due to the initiation of criminal fiscal proceedings. It points out that offices intitute only 3.7 percent of such proceedings one year before the end of the limitation period. Nevertheless, according to Andrzej Ladziński and other experts, the problem is still serious.

COMMENT by Andrzej Ladziński, GWW tax advisor and partner

In the opinion of Andrzej Ladziński, a tax advisor and partner at GWW, claiming that criminal proceedings initiated by KAS (the National Tax Administration) within 12 months before the expiry of the limitation period represent only 3.7 percent of all criminal proceedings conducted by KAS is a failed attempt to blur the problem. – The Ministry of Finance puts all kinds of proceedings into one bag, including, for example, proceedings concerning offenses related to the filing of a tax return after the deadline – says Ladziński.

According to him, 3.7 percent referred to by the head of KAS means, roughly, at least 1 thousand instrumentally initiated criminal fiscal proceedings. – It is also quite probable that the number of such proceedings in 2020 increased in relation to 2014, which is the last period for which the public has any data, says Andrzej Ladziński.

He reminds that KAS, although being aware of the scale of the problem, denies the National Chamber of Tax Advisors access to public information and data for 2015 and subsequent years, claiming that there is no important public interest in making it available.

The article was published in today's issue of Dziennik Gazeta Prawna: https://podatki.gazetaprawna.pl/artykuly/8203214,zawieszenie-biegu-terminu-przedawnienia-ministerstwo-finansow.html

We are currently recruiting to the tax advisory team in Warsaw. Feel free to apply.

✔ Compliance team specialist – https://www.pracuj.pl/praca/specjalista-w-dziale-podatkow-z-j-angielskim-zespol-compliance-warszawa,oferta,1001023630?s=165d5a68
✔ VAT team specialist – https://www.pracuj.pl/praca/specjalista-do-zespolu-vat-warszawa,oferta,1001014781?s=165d5a68