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Does a tax case exist before it is formally initiated? Types of tax powers of attorney

Is it possible to effectively submit a power of attorney for the files of a given tax case before it has been officially initiated? Is a power of attorney submitted for the files of a tax case that (as it later turns out) was not properly initiated (in fact, was not initiated at all) considered valid, and does it constitute authorization to represent the principal in subsequent properly initiated tax proceedings?

Mathematics to the Rescue of Lawyers. IP BOX Relief – Eligible Employee Remuneration Costs and Overall Working Time.

In a recently issued judgment, the Supreme Administrative Court (NSA) dealt with the concept of general working time. It is essential in determining what part of employees’ remuneration may constitute an eligible cost for the purposes of the IP BOX relief. In accordance with tax regulations, eligible costs include, among others, costs incurred in a given month for remuneration under the employment contract and social security contributions financed by the employer, to the extent that the time allocated to the implementation of research and development activities remains in the employee’s total working time in a given month.

Cash PIT Method.  The Government published a draft act amending the Personal Income Tax Act and the Act on Flat-Rate Income Tax on certain income earned by natural persons.

The Cash PIT (Personal Income Tax) method is a newly introduced settlement method aimed at small business entrepreneurs. It allows for the determination of income generation dates from business activities and the deduction of income-related costs upon settling receivables. Here's a comprehensive overview of how this method works and its implications for eligible taxpayers.

Liability of a Management Board Member as a Third Party – The very Formal Requirements.

Transferring tax liability for the tax obligations of a limited liability company to a third party requires that tax authorities meet a number of procedural requirements. It might seem that the very fact of the existence of arrears and the lack of grounds for exoneration premises decides the case to the detriment of the former management board member. However, as it turns out, issues such as the correct issuance of the decision, its signing and if it was correctly served are of fundamental importance.

Appeal against the ZUS decision.Warsaw, March 13, 2024

The authorities (i.e. ZUS) are of the opinion that no formal (procedural) objections can be raised against the decisions they issue, but only substantive ones. Formal allegations will only be admissible in exceptional situations. The basis for such a view is, among others, the judgment of the Supreme Court of January 14, 2010, ref. no....

Anticipating the Fiscal Landscape of 2024: Limited Tax Adjustments Expected

In recent times, the commencement of each new year has often heralded a barrage of tax law modifications, with new regulations swiftly introduced and taking effect in a short span after their announcement. The initial weeks of the year were typically dedicated to scrutinizing extensive guides and summaries of these changes, with businesses and tax...

The duty to enable the restoration of a deadline arising from the provisions of material tax law – the normative and axiological context of law and court judgments. Warsaw, January 10, 2024.

In the case of our client, the administrative court confirmed that the restoration of deadlines in tax law is not only permissible but even obligatory. It appears to be one of the most important judgments issued by Polish administrative courts in recent times. According to the court in tax proceedings regarding the correctness of a...

Polish Local Minimum Income Tax

Is it possible to effectively submit a power of attorney for the files of a given tax case before it has been officially initiated? Is a power of attorney submitted for the files of a tax case that (as it later turns out) was not properly initiated (in fact, was not initiated at all) considered valid, and does it constitute authorization to represent the principal in subsequent properly initiated tax proceedings?

Transfer tax: changes in purchase of real properties

As of August 31, 2023, there is no longer a transfer tax (abbreviated as PCC in Polish) on the purchase of a first home on the second-hand housing market. Typically, the transfer tax for civil law transactions is 2 percent of the real property price, and in the case of a sales contract, it is paid by the buyer. This relief now exempts the purchase of a second-hand home from this transfer tax.

Kancelaria Prawna Bernard Łukomski
ul. Puławska 2, Budynek B, 02-566 Warszawa.
+48 608 093 541 (Mobile) / +48 692 802 229 (WhatsApp)
bernard.lukomski@kpbl.pl

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Bernard Łukomski – Legal Adviser WA-4443

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