ARTICLES & PUBLICATIONS – Page 4

taxation dividendsTaxation of dividends paid by a Polish company to non-Polish individuals

September 8, 2022

According to Polish tax law, there is a general rule that a flat-rate tax of 19% is charged on income paid in the form of dividends. If a dividend is paid by a Polish company, it withholds tax on that dividend. The company then transfers the tax withheld to a relevant tax office. Failure to do so (e.g., failure to withhold tax and/or transfer the correct amount of tax to a tax office) may constitute a violation of fiscal criminal law and may be subject to fiscal criminal liability. Fiscal criminal liability is borne by specific individuals responsible for the correct tax settlement, not the company itself.

CFC CIT Law debt financing costs haven transactions PSH WHTThe Polish Deal 2.0: Amendment of corporate income tax

July 25, 2022

A draft amendment to the CIT Law has recently been published, which is a modification of the regulations which became effective in January 2022. Below we present the most important aspects of the planned changes to the Polish Deal.

no-fault divorce“Blame game” ends as no-fault divorce comes into force

April 30, 2022

In a move which will benefit many Britons and their children, new landmark divorce reforms were introduced in the UK on 6th April 2022. Aimed at reducing conflict between separating couples, the reforms have introduced the no-fault divorce to remove unnecessary conflict and to ease stress on couples and children.

Polski Ład (Polish Deal). Taxation of the general partner of a limited joint-stock partnership (S.K.A.) – basic aspects. Warsaw, January 24, 2022

limited joint-stock partnership Polish dealPolski Ład (Polish Deal). Taxation of the general partner of a limited joint-stock partnership (S.K.A.) – basic aspects. Warsaw, January 24, 2022

February 7, 2022

If you are looking for a remedy or solution to Polski Ład , you may wish to consider a limited joint-stock partnership (S.K.A.). A limited joint-stock partnership can be a very effective form of running a business post the introduction of the Polish Deal.

Fiscal offense and exclusion of punishment – art. 16a of the Tax penal code. Warsaw, September 10, 2021

Art. 16a of the Fiscal Penal Code attorney at law avoidance of criminal liability correction of the tax return exclusion of punishment Fiscal offense preparatory proceedings for a tax offense tax advisor tax criminal liability of a board member tax criminal liability of the CFO tax offence understated taxFiscal offense and exclusion of punishment – art. 16a of the Tax penal code. Warsaw, September 10, 2021

September 13, 2021

On July 26, 2021, the Polish government presented a draft law introducing extensive changes to the tax and social security laws, which were the subject of public consultations conducted by the Ministry of Finance up until August 30, 2021. These changes were partially announced earlier this year and are referred to as the “Polish Deal”.

VAT in relation to selling real estate plus the management of personal assets. Warsaw, September 2nd, 2021

activities performed privately business activity business activity in the field of real estate trade circumstances indicating the intention to perform activities on a frequent basis construction real estate granting a power of attorney to the buyer intention to perform activities in a frequent manner management of personal property management of private property ordinary exercise of the ownership right performing activities in a frequent manner real estate trade and VAT sale of real estate and VATVAT in relation to selling real estate plus the management of personal assets. Warsaw, September 2nd, 2021

September 2, 2021

Using a proxy to prepare a property for sale is equivalent to a business activity by the owner in the eyes of the tax authorities and is subject to VAT regulations. The position does not change, even if the buyer is the proxy. The authorities consider the seller of the property to be a VAT taxpayer even in the case of a one-off (occasional) transaction.

Property tax residential property VAT VAT TaxationVAT Taxation on rental of residential property. Warsaw, April 16, 2020

September 29, 2020

Rental of residential properties may be subject to three different VAT taxation regimes: (a) exemption; (b) the 23% VAT rate and (c) the 8% VAT rate (so-called accommodation related services).

costs of a divorce divorceThe cost of divorce

September 29, 2020

The cost of divorce in the UK has soared by 17 per cent in the past three years, with divorcing and separating couples now typically spending £14,561 on legal and lifestyle costs, a new report by Aviva reveals. On top of this, couples who move house as a result of the separation spend tens of...

decree nisi Joint divorce applicationsUK Divorce laws overhaul will ‘end blame game’ for couples

September 29, 2020

Existing UK divorce laws mean spouses have to provide evidence for a divorce if one partner does not agree to it. For the first time in 50 years, UK divorce laws are being overhauled in an attempt to end the "blame game" for couples trying to end their marriage.

adjudicating divorce irretrievable and complete breakdown marital breakdown Supreme CourtA prerequisite for adjudicating divorce. Warsaw, May 19, 2020

May 19, 2020

A prerequisite for adjudicating divorce (a so-called positive premise) is the “irretrievable and complete breakdown of marital life”. It is a mandatory condition.

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