Tax, customs & excise in Poland

What we do?

Ongoing tax advisory

As part of ongoing tax advice, we provide:

• ad hoc tax support, day to day questions and answers
• practical advise regarding tax matters
• analysis of contracts, agreements, statutes, regulations and other documents in terms of their consequences in tax law
• assistance in the correct tax implementation of transactions, both domestic and foreign
• tax updates and newsletters – ongoing monitoring and informing clients about changes in tax law and their consequences.

Tax planning

There are a number of solutions in tax law that aim to reduce taxation for businesses. You can list such reliefs as, for example:

• tax relief for Research and Development (R&D)
• IP Box
• the opportunity to operate in a Special Economic Zone (SEZ)
• solutions adopted in the Act on certain forms of supporting innovative activities (the Act on supporting innovation).

Using them requires substantive and factual preparation, as well as introducing appropriate procedures in the company, and sometimes also obtaining approvals from relevant authorities, as is the case with SSE (Special Economic Zone) or solutions from the Act on supporting innovation. We provide comprehensive implementation of this kind of favourable tax solutions together with their security, e.g. in the form of individual interpretation, and we also represent entrepreneurs in these matters before administrative bodies.

International Tax Law

Entrepreneurs are increasingly operating not only on the domestic market, but increasingly address their offers to foreign entities. On the other hand, foreign entrepreneurs are eager to invest in Poland or do business in Poland. We help entrepreneurs in:

• seeking the best solutions in the field of double taxation, with particular emphasis on international agreements on the avoidance of double taxation, the possibility of applying abolition relief for individuals,
• defining the beneficial owner (beneficial owner),
• determining whether it is more profitable to conduct business in Poland through a tax plant or maybe by establishing a separate company,
• we provide assistance in the application of CFC (Controlled Foreign Company) regulations,
• establishing an tax obligation on withholding tax  (WHT).

We also analyse the adopted solutions in terms of the risk of using tax avoidance clauses by tax authorities, both general and specific clauses (GAAR, SAAR).

Mergers, acquisitions and restructuring

Each form of merger, takeover and restructuring has tax consequences in terms of legal succession, tax liability for liabilities, the possibility of deducting tax losses, further use of tax benefits, validity of individual interpretations obtained, and payment of income tax. Our every proposal in the field of mergers, acquisitions and restructuring is analysed in terms of their legal effects in order to choose the best solution.

Preparation of applications for tax rulings

The lack of uniform application of tax law, the multitude of jurisprudence and interpretation lines in tax matters are a significant impediment to doing business. In order to provide our clients with the best guarantees that secure their business and allow them to run a peaceful business, we draw up applications for:

• individual interpretations,
• binding tariff information in customs law (BTI),
• binding excise information (WIA),
• upon the entry of new provisions binding rate information in VAT (WIS).

Conducting tax and administrative court proceedings

We provide our clients with assistance in the event of tax proceedings, tax, customs or customs and tax audits. We also represent our clients in court and administrative proceedings in tax and customs matters.

Transfer prices

We analyse whether there is an obligation to prepare transfer pricing documentation for given transactions. If such an obligation exists, we prepare transfer pricing documentation at the request of the Customer, both in domestic and foreign transactions. We also draw up Prior Price Agreements (UPC / APA) regarding transfer prices

Tax Due Diligence

We provide Tax Due Diligence services. Their purpose is detection and elimination of possible tax risks. In particular, Tax Due Diligence is used in the cases of:

• purchase of real estate (especially in the context of VAT / PCC taxation of such a transaction)
• acquisition of an enterprise or an organized part of an enterprise (examination of the legal and tax situation of the acquiree and the effects on the acquirer)
• starting a business by a foreign entity in Poland (we advise on choosing the form of taxation, determining the form of transactions with foreign entities in the context of WHT and transfer pricing documentation)