Author: ts_pm

We invite you to read an article by Elżbieta Kamińska, legal counsel, partner at GWW. The article was published in the Puls Biznesu daily.

“If a limited liability company in organization is able to fully settle its accounts with its shareholders and contractors, then conducting of the liquidation procedure is not obligatory, whereas in the case where a limited liability company in organization is not able to promptly return all contributions made by shareholders or cover in full claims of third parties, then the management board (liquidator – if there is no management board) must carry out the liquidation”. – says attorney Elżbieta Kamińska.

Full article is available at: https://www.pb.pl/jak-zlikwidowac-spolke-z-o-o-w-organizacji-945190

On the turn of October and November, a book by the Wolters Kluwers publishing house was published, being a part of the cycle analyzing changes in the Polish tax law system, aimed at improving its effectiveness. Authors of the publication are well-known theorists and practitioners.

One of the chapters is devoted to the general anti-avoidance clause, whose authors are prof. Agnieszka Olesińska and Andrzej Ladziński.

We particularly recommend the following excerpt from p. 134:

“To illustrate the problem, the legislator, when formulating tax avoidance definition criteria, which are at the same time prerequisites for application of the general anti-avoidance clause, set the points connected with a line that represents a border between tax optimization and tax avoidance. The border is just like a line connecting several points on the map – sufficiently precise and unambiguous as long as we look at the map. When we find ourselves in the area through which this line, though invisible, runs, we lose certainty on which side we are. The same will apply to non-obvious circumstances that will be assessed from the point of view of meeting the prerequisites for the application of the clause. A dispute on which side of the boundary between optimization and avoidance we are will most often be a dispute over the interpretation of individual provisions of Article 119a of the Tax Ordinance Act. An interpretation made in the context of specific facts will certainly reveal many doubts about the understanding of this provision. We may assume that future disputes of taxpayers with the tax administration will concern first of all how to dispel these doubts and the content of Article 119a detailed in this way."

Information about the publication: https://www.profinfo.pl/sklep/nowe-narzedzia-kontrolne-dokumentacyjne-i-informatyczne-w-prawie-podatkowym-poprawa-efektywnosci-systemu-podatkowego,91714.html

Grzegorz Karwatowicz will be a speaker at the 10^th Public Finance Forum and give a lecture on the procedure of accounting for EU funds. Grzegorz will deliberate on doubts arising during the procedure for applying for a subsidy and during the implementation of EU projects, including the method of preparing application documents, awarding public contracts, assessing eligibility of expenditure or project control. We invite you on 21 November, at 10.00.

Public Finance Forum is the largest conference in Poland for the financial and accounting services of entities from the public finance sector. The event is used as a platform for sharing knowledge and experience in the field of public finance law and budget accounting. 

More information available on: http://www.forum.finansepubliczne.pl/

The book “Management of a limited liability company. Practical aspects” (“Zarząd spółki z ograniczoną odpowiedzialnością. Aspekty praktyczne”) by Marcin Borkowski has just been published. The publication introduces practical aspects of the operation of the management board of a limited liability company and explains rules related to the functioning of the board as the body of a legal person. Marcin discusses interpretation doubts that appear at the interface between the application of regulations of the Code of Commercial Companies and Partnerships and regulations contained in other legal acts, including the Civil Code.

The publication is addressed to practicing lawyers, managing directors, members of management boards and supervisory boards.

Marcin Borkowski has a Ph.D. degree in law, he works as a university lecturer and is a legal advisor and a counsel at GWW.

The publication can be bought on the Publishing House website: https://www.profinfo.pl/sklep/zarzad-spolki-z-ograniczona-odpowiedzialnoscia-aspekty-praktyczne,91792.html

GWW is a partner of the “Support for R&D and new investments” (“Wsparcie działalności B+R i nowych inwestycji") guide, published by Rzeczpospolita. The publication makes an in-depth insight into legal instruments that increase the attractiveness of new investments as part of research and development activities.

“The R&D tax credit applicable since 2016 allows deducting a number of expenses for research and development from the tax base, as specified by the legislator. Following the changes introduced at the beginning of 2018, the catalog of eligible expenses covered by this tax credit was extended and the statutory limit of deductions for expenses incurred for R&D activities was increased.

In addition, the Act on supporting new investments, enacted on 10 May 2018, provides for changes in the system of granting tax exemptions, which have so far been applicable to special economic zones (SEZ). Support in the form of exemption from income tax and information assistance for entrepreneurs that meet prerequisites specified in the Act no longer depends on the investment location in the SEZ.

Among attractive solutions, one can also mention financing of innovation activities from EU funds, available under the “Smart Growth” Operational Program 2014-2020 (SG OP), as well as venture capital funds, taking into account the functioning of the BRIdge Alfa program.”

The publication was developed by the team: Andrzej Ladziński, Roksana Waltrowska, Piotr Czajka, Grzegorz Karwatowicz, Michał Modrzejewski, Piotr Świstak, Michał Tuszyński.

In today's edition of Gazeta Prawna Daily, we will find an interview with Andrzej Ladziński regarding planned amendments to the Tax Code. Ladziński, Esq., assesses the effectiveness of the new regulations and their effects on entrepreneurs.

“We cannot escape from the exit tax or reporting tax schemes, but the Polish version of the regulations will not give much to the tax administration and it will make life difficult for entrepreneurs”. – says Andrzej Ladziński.

Tomasz Krzywanski oraz Joanna Wasko, LL.M. represented GWW during the TELFA Associates Meeting in Brussels, which took place on 19-20 October, 2018. The meeting was attended by lawyers from 18 countries.

What Poland, as a country, could offer for investors in connection with Brexit? During our presentation, we pointed out tax and economic benefits the entrepreneurs could get if they decided to invest in Poland.

TELFA is the network which comprises law firms from both Europe and the United States. TELFA started out in 1989, and now brings together over 6000 lawyers from the different countries. GWW is the sole Polish representative of TELFA. More about TELFA: http://www.telfa.law/

On 30 October 2018, attorney and patent attorney-trainee Michał Tuszyński will represent GWW at the 2^nd Rzeszów Forum “Technologies in Medicine”, during which he will give a lecture in the legal panel on the forms of securing intellectual property in medicine. The conference is organized by the “Technomed Technology in Medicine” Cluster, which brings together universities, hospitals and enterprises related to medicine and medical technologies from Podkarpacie region. The aim of the conference is the mutual exchange of experiences of entrepreneurs involved in innovative technological solutions used in medicine.

More information about the Rzeszów Forum “Technologies in Medicine” can be found at: http://www.technomed.ur.edu.pl/index.php/aktualnosci/22-program-i-karta-zgloszenia-do-ii-forum-technologia-w-medycynie

GWW was among the laureates of the 17th edition of the Podkarpacie Economic Award Competition in the Best Services category. We have been awarded for the Innovation Box – a comprehensive legal and tax service, which includes: IP Box, Tax Credit for Research & Development and Support for new investments. Our service aims at supporting Polish entrepreneurs in their R&D activities, through the creation and implementation of innovative products and services.

Results of the competition: http://png.pl/wreczono-statuetki-podkarpackiej-nagrody-gospodarczej/ 

To obtain detailed information about the service, please contact: Artur Cmoch or Paweł Szabat.

The Sejm Commission has started work on a draft act, which introduces the obligation to disclose tax schemes. Leaders of the self-government of attorneys, legal counsels and tax advisors oppose to compulsory reporting.

“Regulations on income taxes should be announced by 30 November, so you really need to hurry with them, but in the case of reporting there is no such time pressure, so you can discuss them calmly”, said Andrzej Ladziński, representative of the self-government of tax advisors.

Link to the article with the commentary of Andrzej Ladziński: https://www.rp.pl/Doradcy-podatkowi/310179932-Tajemnica-zawodowa-Sejm-pracuje-nad-przepisami-o-raportowaniu-schematow-podatkowych.html