Pułka and Partners law firm

Optimal legal solutions for corporate clients

Our Law Firm is a member of the DPJV

(Polish-German Lawyers Association)

Limited partnerships will pay corporate income tax

From 01.01.2021 limited partnerships will become taxpayers of corporate income tax. Until then, limited partnerships will remain tax transparent and only their partners will be taxed. Whereas from that date limited partnerships will be taxed similarly to limited liability companies. The reduced tax rate will be 9% – if annual revenues are not more than EUR 2 million, and 19% in other cases. In addition to income taxation of the partnership itself, the partnership’s profits paid to its partners will be taxed as well. Partners of limited partnerships will be subject to taxation on their income in relation to their share in the partnership’s profit.
These changes were introduced by the Act of 28.11.2020 amending the act on personal income tax, the act on corporate income tax, the act on flat-rate income tax on certain revenues earned by natural persons and some other acts (Journal of Laws of 2020, item 2123, of 30.11.2020).
The possibility to postpone the date
The limited partnership may decide that the amended provisions will apply to this partnership and both the revenues and the costs related to participation in this partnership from 01.05.2021. In such a case, the limited partnership obtains the status of a corporate income tax payer as of 01.05.2021.
Important: The decision to make use of the abovementioned possibility must be taken by 31.12.2020. As a rule, if nothing else results from the deed of limited partnership, this decision must be made by the partners in the form of a resolution.
The requirement to close the accounting books
In any case, the limited partnership is obliged to close the accounting books on the day

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Report on payment dates in commercial transactions must be submitted by January 31, 2021

According to art. 13a sec. 1 of the Act of March 8, 2013 on counteracting excessive payment delays in commercial transactions, which entered into force on January 1, 2020, entities with a turnover exceeding EUR 50 million (even if they are not large entrepreneurs) and tax capital groups, regardless of revenues, are required to submit electronically to the Ministry of Development, Labor and Technology, by 31 January of each year, a report on payment dates in commercial transactions used by these entities in the previous calendar year. However, it should be remembered that the report covers the previous calendar year, regardless of the tax and balance sheet years adopted in the company.
The abovementioned report must contain the following data:
1) name of a company and tax identification number;
2) the value of payments received in the previous calendar year within a period:
• not exceeding 30 days,
• from 31 to 60 days,
• from 61 to 120 days,
• exceeding 120 days
– from the date of issuing an invoice or a bill confirming the delivery of goods or the performance of service;
3) the value of payments made in the previous calendar year within a period:
• not exceeding 30 days,
• from 31 to 60 days,
• from 61 to 120 days,

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TRAINING COURSES AND SEMINARS

We organize training courses and workshops which suits our client’s needs as for the scope of the issues covered, time and the place of the course.

GDPR WORKSHOPS
The workshops are addressed to all the companies and are aimed on getting acquainted with the revolutionary changes to the protection of personal data.

LEGAL ASPECTS OF COMPLAINTS MADE BY END CUSTOMERS
Training addressed to all producers and service providers who, as part of their business, sell goods and / or services to consumers and / or other entrepreneurs and provide the quality guarantee for these goods / services.

NORMALIZED RULES OF COMMISSION AND EXECUTION OF THE CONSTRUCTION SERVICES (VOB)
This training is directed to all entrepreneurs realizing investments or cooperating in them, where construction services contracts and special engineering services contracts are concluded on the basis of model conditions of contract VOB (Normalized rules of commission and execution of the construction services).

Worth to know


Limited partnerships will pay corporate income tax
From 01.01.2021 limited partnerships will become taxpayers of corporate income tax. Until then, limited partnerships will remain tax transparent and only their partners will be taxed. Whereas from that date limited partnerships will be taxed

read more...
Report on payment dates in commercial transactions must be submitted by January 31, 2021
According to art. 13a sec. 1 of the Act of March 8, 2013 on counteracting excessive payment delays in commercial transactions, which entered into force on January 1, 2020, entities with a turnover exceeding EUR 50 million (even if they are not large

read more...
Central Register of Beneficial Owners (hereinafter: “the Register”) maintained by the Minister of Finance.
The obligation to submit reports on beneficial owners to the Register results from the art. 55-71 of the Act of March 1st, 2018 on counteracting money laundering and terrorism financing, which implements the Directive 2015/849 of the European

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Risks related to balance confirmation
Companies often forget that confirming balances is more than just checking amounts. In particular, problems may arise in the case of disputed or doubtful claims. What is included in the balance confirmation The Accounting Act requires, in

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CONDITIONS FOR ENJOYING THE RESEARCH AND DEVELOPMENT RELIEF
In order to enjoy a tax relief specified in art. 18d of the Act of 15.02.1992 on Corporate Income Tax (hereinafter: “the CIT Act”), a taxpayer must perform activities that meet the conditions for recognizing them as research and development

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ARE SERVICES PURCHASED FROM RELATED ENTITIES EXCLUDED FROM TAX COSTS?
On 18.05.2020 the Head of the National Tax Information issued a very important individual interpretation regarding services purchased from related entities in the context of their exclusion from tax costs, referred to in art. 15e sec. 1 of the

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RECOMMENDATIONS OF THE PERSONAL DATA PROTECTION OFFICE ON SAFE USE OF VIDEO CONFERENCES
Video conferences gained practical significance during COVID-19 epidemic. However, the use of such a useful everyday work tool is not always carried out in a way that guarantees maximum protection of your own data and the data of all participants.

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THE GRATUITOUS SURETY IS SUBJECT TO TAXATION
In a judgement of 16.01.2020 (case no. II FSK 373/18) the Supreme Administrative Court (hereinafter: “SAC”) confirmed the position of the tax authorities that a surety, in order to secure a credit in exchange for an obligation to grant a surety,

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