News
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.We are still...
Effects of incorrect choice of a contractor
The choice of a contractor is a key issue for the company. The consequences of making the wrong choice can be very negative. Their list can go on and on. Starting from compensation or criminal liability, through various types of risk, to sanctions on the part of...
In 2022, employers must prepare for changes to whistleblowers
It is about implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the so-called whistleblower protection directive).Poland has to implement it by December...
Ordinary shareholders’ meeting in limited liability companies
An annual shareholders’ meeting shall be held within six months of the end of each financial year.The following matters shall be resolved by the annual shareholders’ meeting: examination and approval of the management board report on the operations of the company and...
Non-competition for a member of the management board of a Limited Liability Company
In accordance with Art. 211 of the Commercial Companies Code: A member of the management board of Limited Liability Company may not, with-out the company’s consent, engage in competitive business or participate in competitive entities as a partner in a partnership or...
Real estate ownership transfer
Ownership of immovable property may neither be transferred on condition nor with the reservation of a time limit.Where a contract obliging to transfer ownership was concluded on condition or with the reservation of a time limit, an additional agreement between the...
Preparation and publishing of information about the tax strategy. A new obligation
As part of the program of tightening the tax system in Poland and increasing the transparency of tax settlements of the largest taxpayers of the income tax, on 01.01.2021 the obligation to prepare and publish information about the tax strategy was...
The ISO 37002 standard “Whistleblowing management systems – Guidelines”
The ISO 37002 standard “Whistleblowing management systems – Guidelines” is to be published in the coming weeks.The ISO 37002 standard focuses on the actions that an organization should take from the moment of receiving a whistleblower report to the moment when an...
Contracts for the provision of services
As indicated in the jurisprudence and doctrine: Contracts for the provision of services, as due diligence contracts, consist in the provision, in the interest of another person, of specific factual activities and a set of legal and factual activities. Where the...
Tax benefits of adopting a resolution on leaving a profit in a company which is a CIT taxpayer
Due to the upcoming period of holding the Ordinary Shareholders’ Meetings for 2020 it is worth remembering that the legal regulations make it possible to recognize the so-called hypothetical interest cost on equity (allowance for corporate equity – ACE) as tax...
Changes in the jurisdiction of tax authorities from 2021
The significant changes in the jurisdiction of tax authorities entered into force on 01.01.2021. The changes were introduced by the regulation of the Minister of Finance, Development Funds and Regional Policy of 28.12.2020 on certain taxpayers and tax remitters for...
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...
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...
Central Register of Beneficial Owners 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 Parliament and of the...
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 principle, confirmation of the...
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 activities within the...
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 Corporate Income Tax...
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, is – as a gratuitous...