The contracts of many general companies provide that they may be represented jointly by all the partners. Does it mean that if a commercial contract is concluded with a contractor, it should be signed immediately by all the partners? The answer is provided by Dr Marcin Borkowski in today's edition of the Dziennik Gazeta Prawna.
Month: August 2022
Commentaries by GWW experts in the report “Tax Rollercoaster” 2022
In the 3rd edition of the H1 2022 Tax Rollercoaster report, we can read our experts' commentaries.
- "When is a voucher a multi-purpose voucher?" – Małgorzata Militz, partner at GWW and supervisor of the VAT proceedings team comments on the CJ ruling of 28.04.2022, C-637/20.
- "The '500 minus' regulations – or the paradise absurdity act next" – Radosław Chudy of GWW's transfer pricing team comments on the interpretation of 15.06.2022, 0111-KDIB1-2.4010.676.2021.1.DP.
The entire report can be downloaded from the website of Wolters Kluwer Polska, its publisher: https://www.wolterskluwer.com/pl-pl/solutions/informacje/raport-podatkowy-rollercoaster
The report is aimed at tax advisors and accountants.
CEO will pay debt when there is an enforcement order against the company
A member of the management board may be held liable for the debts of a limited liability company. He or she is then liable with his or her own assets for the company's debts. When there are several board members, their liability is joint and several. When can a debt be recovered from these persons? For a more detailed explanation, read Dr Marcin Borkowski's article.
Something that cannot be revenue cannot be estimated
A spin-off of an organised part of an enterprise, as well as a possible fee (the so-called exit fee) on this account, are tax-neutral and there is no risk of an overestimation of income on the basis of transfer pricing regulations.
Radosław Chudy of the transfer pricing team comments on the NSA's ruling of 1 April this year. The case concerned 'restructuring' analysed by the authorities and then the courts on the basis of older transfer pricing regulations. There were a number of issues: CPP, revaluation, exit fee, exemption, exemption, older and new transfer pricing rules. You can read the entire article in Monday's issue of Rzeczpospolita.
Deadline for reporting on the ownership structures of real estate companies and their shareholders
Based on a decree of the Minister of Finance of 29 March this year, real estate companies and their shareholders are required to report their ownership structures by the end of September 2022 for the first time.
On the tax portal of the Ministry of Finance, there are templates of information (submitted electronically) for the fulfilment of this obligation by:
- legal entities viz: CIT-N1 and CIT-N2 and
- natural persons, i.e. PIT-N1 and PIT-N2
(to the best of our knowledge, these forms will soon be additionally supplemented only by the legal basis of the regulations of the MF of 13 July 2022 on the designation of KAS authorities for the receipt and handling of these forms).
Information on the ownership structure of real estate companies will present information:
- on the entities holding, directly or indirectly, at least 5% of the shares (voting rights) of the real estate company as at the last day of the previous fiscal / financial year – in the case of information reported by the real estate company;
- on the number of shares (interests) held, directly or indirectly, in that real estate company – in the case of information reported by shareholders of real estate companies.
The reporting itself is a rather complex process and first requires the identification of real estate companies in the group structure, which – especially in the case of multi-level groups – can be a very time-consuming task.
GWW offers:
- verification of entities as real estate companies within the meaning of tax regulations;
- indication of the scope of reporting for real estate companies and their shareholders;
- formal drafting and filing of the structure report (if the logical structure is published).