We've been appreciated for our participation in #RatujBiznes Its aim was to provide legal support to small and medium-sized enterprises in filling in and submitting applications for support in connection with the effects caused by the coronavirus pandemic.
In these difficult times, we would like to thank the whole team for their time and work for this important undertaking. We are glad that our commitment has been noticed by the Office of the Ombudsman for SME.
We are proud to share with you the information that Przemysław Fudala will soon be able to use the title of a barrister. Przemysław needed a lot of patience since he waited for the result of his exam until yesterday. Congratulations! 🎉
And with this, we are ending the season of barrister and attorney-at-law exams. All GWW trainees who took their exams this year passed them successfully. 100% effectiveness, well done!
On 31 July, the Ministry of Finance published the proposed amendments to the CIT Act introducing the so-called “Estonian CIT”.
The key implications of the proposed changes are discussed in the GWW Tax Alert: ALERT Estonian CIT
For more on the proposed amendments, including the Ministry of Finance comments, go to: https://www.gov.pl/web/kas/estonski-cit-w-prekonsultacjach (Polish).
Starting from 1 October, the tax office will be able to impose a fine of PLN 500 for each error in the new JPK _VAT file. It will apply to “deliberate and persistent actions” – assures the Ministry of Finance.
COMMENTARY by Zdzisław Modzelewski, tax advisor and VAT internship supervisor at GWW
– Unfortunately, the regulation on imposing financial penalties provides heads of tax offices with a lot of discretion. It is still not known what should be understood by “an error preventing verification of correctness of a transaction”. Only the practice will show whether, for example, errors in GTU codes will be punished, which in fact are not relevant for correct VAT settlements.
– The only new element in the Ministry's response relates to the linking of fines for errors in JPK_VAT with “deliberateness and persistence” of taxpayer's actions. This however does not result from regulations of the VAT Act, which allow punishing a businessperson already for a first error– explains Zdzisław Modzelewski.
The article entitled Kary za błędy w JPK na niejasnych zasadach (Unclear rules of fines for errors in JPK) provided with the commentary by our expert was published in today's issue of Rzeczpospolita. Download the material below.
The shareholders are entitled to share in the profit earned by a limited liability company. To do so, they need to adopt a resolution on distributing the profit among themselves. What other conditions should be met for dividend payment to be made according to regulations?
In today’s article in Dziennik Gazeta Prawna, Dr. Marcin Borkowski explains how dividends can be paid out to company shareholders.
The Ministry of Digital Affairs has published draft electronic communication law (ECL). Before its announcement, TELKO.in organised a debate based on preliminary consultations held in the spring. Although strongly rooted in the good old telecommunication law, the ECL will be the greatest change of regulations that the telecom market has seen in a decade.
The debate brought together members of the state administration and business representatives who expressed their expectations and concerns. Among the participants was Wojciech Krupa, GWW’s expert in telecommunication law.
Conclusions from the debate and experts’ comments are available on Telco.in’s website at: https://www.telko.in/ile-ewolucji-ile-rewolucji-w-pke,0
Revoking a power of attorney (PoA), straightforward as it may appear, could cause its mandator to lose sleep when he or she no longer wants to be represented by a given attorney but does not know how this should be communicated. Such concerns are frequent among those mandators who have given powers of representation to a family member. When and how can a PoA be revoked? Should the attorney be notified?
An article by Tomasz Krzywański and Olga Sulewska from the private client team is available on the website Prawo.pl: https://www.prawo.pl/podatki/odwolanie-pelnomocnictwa-opinia-gww-tomasz-krzywanski-olga,502046.html
According to the tax administration, a note on the obligatory split payment mechanism (SPM) may be included in an invoice even if a given transaction is not mandatorily subject to the SPM. The recipient of such a document does not need to split the payment.
Commentary by VAT expert Zdzisław Modzelewski on an interpretation offered by a National Revenue Administration official on 27 July 2020.
New regulations contained in Shield 4.0 are intended to help businesses in need due to the effects of the pandemic, however it happens that the regulations are contradictory. This applies to a change in the zero VAT rate for Intra-Community Supplies of goods (ICS), which Zdzisław Modzelewski, a VAT expert, comments in his article.
Link to the article with expert's comment: https://domcechowy.pl/informacja-podatkowa-vii-2020/
The situation of a Silesian company suspected of a VAT carousel was described by Business Insider. The company has been successfully operating on the market for over 20 years and in the last 10 years, it has been audited for VAT purposes more than 120 times. The pandemic decreased its turnover by 98% and due to its "history", the company did not receive a subsidy from the Polish Development Fund.
COMMENTARY by an expert in the field of VAT proceedings, Małgorzata Militz, on the length of audits carried out by tax offices.
An article with our expert's commentary was published on the Business Insider portal: https://businessinsider.com.pl/firmy/podatki/marketing-sp-j-podejrzenie-karuzeli-vat-problemy-z-fiskusem-i-pandemia/yy1hzex
