Regulations of the Code of Commercial Companies and Partnerships directly allow challenging resolutions of the company's meeting of shareholders. However, the supervisory board – as a collective body of the company – may also adopt its own resolutions. Can they also be challenged in court?
We will find an article by Marcin Borkowski, Ph.D., on the pages of today's Economic Law Academy of Dziennik Gazeta Prawna.
Link to download the material is available below.
Limited partnerships may transform into general partnerships and real estate partnerships may include suitable clauses in their articles. Delaying such actions may result in additional tax burden.
Many partners of limited partnerships – and there are approximately 40 thousand such partnerships – may look for solutions that will allow them to legally avoid double taxation, at the partnership and the partner level. Possibilities of transformations are discussed by CIT experts: Mateusz Pietranek and Aneta Skowron.
Our experts' comments can be found in Łukasz Zalewski's article in Dziennik Gazeta Prawna.
Link to the article: https://podatki.gazetaprawna.pl/artykuly/1493870,zmian-w-pit-i-cit-spolki-komandytowe.html
We have the pleasure to announce successes of our colleagues.
Congratulations and we wish you further successes in your careers!
On 14 September this year, members of the Award Committee of the 16th edition of The Andrzej Woyciechowski Radio ZET Award nominated eleven journalistic materials, including: six articles and series of press articles, two TV reports, two Internet publications, and one radio interview. The winners will be announced on 25 November this year during an official gala ceremony.
The Andrzej Woyciechowski Radio ZET Award is one of the most prestigious awards in the journalistic world in Poland. It is awarded to authors of journalistic materials which, according to the Award Committee, break stereotypes, go beyond limits and look behind scenes of the reality surrounding us. It aims at honoring journalists for their courage in reaching the truth and discovering what was previously hidden or understated. It was awarded for the first time in 2005.
More information about the nominations and the Andrzej Woyciechowski Radio ZET Award: https://newsroom.eurozet.pl/112581-nominacje-do-nagrody-woyciechowskiego-2020
On 13 November 2020 in Praha, Czech Republic, a Seminar on International Trust Law: Six Years of the Trust Law in the Czech Republic – Trusts in Practice and International Comparison will be held.
Tomasz Krzywański, attorney-at-law from the GWW Private Client Team, will be a speaker at the Seminar and will present the DAC 6 Directive from Polish perspective. Tomasz will also take part in the panel: Practical Examples of Use of Trusts.
Organizers: STEP (The Society of Trust and Estate Practitioners), Czech law firm Holubová advokáti, Czech Bar Association.
More information can be downloaded in the pdf attached.
On 28 September this year, an online conference entitled: Industry 4.0 – manufacturing industry and its challenges was held. During the event, experts shared their knowledge and skills in the field of modern manufacturing management methods with participant .
Piotr Świstak, attorney, director of the Rzeszów branch, was a speaker at the conference and discussed tax reliefs in production plants, including:
The event was organized by the Polish Institute of Business Development. More information is available at: http://pirbinstytut.pl/index.php/przemysl-4-0-online
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
