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  • Article

    In-Kind Contributions Of Enterprises Vs. Succession Of Rights And Obligations On The Grounds Of VAT Regulations

    The case considered by the Court concerned a company which in 2011 acquired an enterprise owned by a natural person in the form of a non-monetary contribution.
    PolandTax
    Dentons
    Dentons
  • Article

    Rent Agreements – A Hidden Tax Trap For Family Foundations?

    Polish tax authorities are challenging the tax-exempt status of short-term rental activities conducted by family foundations, despite the Family Foundation Act's provisions allowing such operations. While administrative courts have consistently ruled in favor of taxpayers, the absence of a Supreme Administrative Court decision leaves the matter unresolved.
    PolandTax
    GGI | Global Alliance
    GGI | Global Alliance
  • Article

    Resolution Of The Supreme Administrative Court On The Corporate Income Tax Effects Of A Change Of Party To A Leasing Agreement With Respect To Agreements Made By 31 December 2012 Soon To Be Expected

    On 10 February 2016 the Supreme Administrative Court (NSA) provided a panel of 7 judges with a legal issue raising serious doubts to be settled (case no.: II FSK 3362/13): In light of Art.
    PolandTax
    Dentons
    Dentons
  • Article

    Tax Base For Civil Law Transactions Tax Charged On The Establishment Of A Partnership Limited By Shares

    The Provincial Administrative Court in Gliwice issued a judgment on 28 September 2015 (case no. I SA/ GL 583/15) in which it described the methodology of calculating the basis of assessment for the tax on civil law transactions...
    PolandTax
    Dentons
    Dentons
  • Article

    Tests For Having A Fixed Establishment In Poland For VAT Purposes

    Pursuant to Article 28b of the VAT Act, the place of providing services, in terms of the services provided to a taxpayer, is the place where the taxpayer, as recipient of the services, has established its business.
    PolandTax
    Dentons
    Dentons
  • Article

    Court Of Justice Of The European Union Specified In Detail The Standards Of Diligence Which Influence The Right To Deduct The VAT

    Court of Justice of the European Union (CJEU) in its ruling of October 22, 2015 specified in detail the standards of diligence which influence the right to deduct the VAT.
    European UnionTax
    Dentons
    Dentons
  • Article

    A Mutual Claim Set-Off Is Not A Form Of Settling Financial Accounts Allowing Taxpayers To Benefit From The Shortened Deadline For Processing VAT Refund Claims

    The Regional (Wojewódzki/Voivodship) Administrative Court in Gliwice ruled (in its judgment of February 10, 2016 (court file No. III SA/Gl 1957/15)), that paying invoices by setting off mutual claims does not provide a basis to request an accelerated refund of surplus input VAT in the shortened deadline of 25 days.
    PolandTax
    Dentons
    Dentons
  • Article

    A New Addition To The Polish Legal System: The Family Foundation

    Starting on 22 May 2023, it will be possible to establish and register family foundations in Poland. The Polish legal system will thus be expanded...
    PolandTax
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    A Special Double Taxation Agreement Between Poland And Taiwan Signed And Entered Into Force

    The agreement follows the standard OECD Model Convention, with a number of significant deviations.
    PolandTax
    Gessel - Attorneys at Law
    Gessel - Attorneys at Law
  • Article

    Definition Of Loan On The Grounds Of CFC Regulations

    On June 25, 2015 the Director of the Tax Chamber in Katowice issued a tax ruling (ref. no. IPTPB3/4510-103/15-4/ PM) holding that the concept of 'loan' on the grounds of CFC regulation must be construed broadly...
    PolandTax
    Dentons
    Dentons
  • Article

    Excise Duty On Electricity Used In Mineralogical Processes

    The Supreme Administrative Court in its ruling handed down on August 20, 2015 (case file number: I FSK 869/15) ruled that the consumption of electricity by the company and used in mineralogical processes will be subject to excise duty.
    PolandTax
    Dentons
    Dentons
  • Article

    Simplified Procedure For Import Of Goods (Article 33a Of The Polish VAT Act)

    Importing goods from third countries into Poland generally triggers an obligation to pay value-added tax (VAT) at the time of customs clearance.
    PolandTax
    GGI | Global Alliance
    GGI | Global Alliance
  • Article

    Split Payment Mechanism

    On 1 July 2018 the split payment mechanism was introduced into the Polish VAT system as another measure against VAT fraud.
    PolandTax
    Taylor Wessing
    Taylor Wessing
  • Article

    The Meaning Of "Fixed Establishment" In The VAT Directive

    On September 25, 2015, the Supreme Administrative Court issued a judgment (case file no. I FSK 578/15), in which it addressed the notion of "fixed establishment" for the purposes of VAT and the abuse of rights in connection with VAT.
    PolandTax
    Dentons
    Dentons
  • Article

    The OECD's New Guidelines On Home Offices: A Game Changer?

    The OECD has updated its Commentary on the Model Tax Convention to address permanent establishment determination in remote work scenarios.
    PolandTax
    GGI | Global Alliance
    GGI | Global Alliance
  • Article

    The Special Economic Zones System Extended To Cover The Entire Territory Of Poland

    The Polish government has just announced plans to replace the existing Special Economic Zones (SEZ) — scheduled to expire in 2026 — with a new system of permits providing a tax exemption...
    PolandTax
    Dentons
    Dentons
  • Article

    VAT Registration In Poland – Practical Tips And Pitfalls

    Entities conducting business in Poland face complex VAT registration requirements that extend beyond simple sales thresholds. While the standard registration trigger is PLN 240,000 in annual sales, certain activities mandate immediate registration regardless of turnover, and tax authorities conduct rigorous verification procedures that examine business premises, financing sources, and operational infrastructure before approving applications.
    PolandTax
    GGI | Global Alliance
    GGI | Global Alliance
  • Article

    Doing Business In Poland: Minimising Risk, Maximising Reward

    Poland has seen significant reforms in its tax and corporate compliance regime over the past year. While these changes will ultimately improve things for both companies and individuals...
    PolandCorporate/Commercial Law
    TMF Group BV
    TMF Group BV
  • Article

    Poland | Employee Incentive Plans

    The Polish Personal Income Tax (PIT) Act contains only two regulations for the taxation of income generated in connection with participation in employee incentive plans.
    PolandEmployment and HR
    Osborne Clarke LLP
    Osborne Clarke LLP
  • Article

    Electricity Producers Win Excise Duty Refunds

    Polish electricity producers can claim significant refunds of excise duty, following a ruling dated 12 February 2009 (C-475/07) by the ECJ that Poland's excise duty on electricity is incompatible with EU law.
    PolandEnergy and Natural Resources
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang

Showing 41–60 of 155 results

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