In today's issue of Dziennik Gazeta Prawna daily we will find an article by Marcin Borkowski, Ph.D, in his regular column “Akademia Prawa Gospodarczego” (Academy of Economic Law).
Ordinary meetings of shareholders adopt resolutions on discharge of members of the management boards of their duties. Does the granting of discharge mean that a given board member can no longer be held liable for damages?
Scan of the article can be download below.
The last (in this year) tax workshops for students of the Kozminski University will be held online.
The meeting will be devoted to the abuse of law in VAT in the context of EU law. The workshops will be led by Małgorzata Militz, an expert in VAT.
The purpose of the meeting is to explore the concept of the “clause prohibiting abuse of law”, enabling tax authorities to challenge taxpayers’ rights arising from VAT regulations. The national regulations of the VAT Act define this concept, however its correct understanding is based on the interpretation made by the Court of Justice of the European Union (CJEU). Prerequisites that must occur to determine the abuse of law in VAT will be presented, as well as the obligations incumbent on tax authorities in the event of considering that there has been an abuse of law. Key rulings of the CJEU and national administrative courts will be presented, in which the clause prohibiting abuse of law has been applied as the legal basis.
More information available at: https://www.kozminski.edu.pl/pl/wydarzenia/
The Personal Income Tax Act distinguishes among the sources of income, among others, non-agricultural business activity and lease, sublease, subtenancy, and other contracts of a similar nature (so-called private lease). A private lease may be taxed at a lump sum of 8.5%. The company is taxed according to forms appropriate for business activity.
An article by Aneta Skowron available on Prawo.pl (Polish): https://www.prawo.pl/podatki/profesjonalny-najem-krotkoterminowy-i-najem-prywatny-a-prawo-do,500646.html
ZUS, guarantees, employee salary subsidies, redeemable loans … One can get lost in the maze of tools related to supporting entrepreneurs in the face of crisis. How to prevent this?
Piece of advice from Angelika Dahms and Piotr Świstak on https://mycompanypolska.pl/artykul/4686/porady-dla-przedsiebiorcow
The Ministry of Justice announces the implementation of the so-called preventive confiscation of property into the Criminal Code. That confiscation would be carried out even before the offender is convicted, or even in the case of acquittal, and would also concern property belonging to persons who are not subject to criminal proceedings. The Ministry has announced that work is at a very advanced stage.
Find out more: https://www.telfa.law/news/preventive-confiscation-announcement-of-an-amendment-to-the-criminal-code-in-poland/
In today's issue of the daily Dziennik Gazeta Prawna we will find an article by Marcin Borkowski, Ph.D. This time, as part of the Academy of Economic Law, Marcin describes conditions that must be met in order to be able to claim damages from a member of the management board of a limited liability company who is responsible for damage caused by his or her actions or omissions.
The International Court of Arbitration in London dismissed all claims of Griffin against the Republic of Poland in its recent judgment. However, as it turns out, Poland's victory in arbitration does not necessarily mean the end of the whole dispute. From the very beginning, the long-lasting dispute has been watched by the development industry, public opinion, but above all lawyers practicing international investment law – writes Radosław Chudy from GWW.
https://www.prawo.pl/podatki/spor-o-zabytkowe-koszary-w-warszawie-opinia-gww,500400.html
We will soon find out whether there is a chance to stop tax offices from abusing law to the detriment of companies. Andrzej Ladziński, GWW partner, co-author of the report on "Instrumental initiation of fiscal criminal proceedings" published at the end of 2019, provided commentary for Rzeczpospolita.
Shares in a limited liability company are often acquired independently by married persons in which the statutory partnership is in force. In that case, can the spouse also use the rights related to such shares?
Article by Dr. Marcin Borkowski at the Academy of Economic Law by Dziennik Gazeta Prawna daily: https://biznes.gazetaprawna.pl/artykuly/1476153,spolka-z-o-o-kto-jest-wspolnikiem.html
The time limit for filing a complaint on unfavorable interpretations received will not start to run until the end of the coronavirus epidemic. This was the information given to taxpayers by the director of the National Tax Information in recent interpretations issued. And yet, the shield 3.0 will lift the suspension of the time limits already from the seventh day of its entry into force. All previously suspended trial and court time limits are supposed to start to run again.
In today's article by Wiesława Moczydłowska on the Prawo.pl website, commentary is provided by Kamil Szczęsny, GWW's attorney-at-law.
