Tax interpretations on the obligation to prepare transfer pricing documentation
Although the definition of a “controlled transaction” has been introduced into the PIT Act and the CIT Act, taxpayers (and lawmakers) still have doubts which events require preparation of transfer pricing documentation. Today, we write about transfer pricing documentation in the case of contributions to share capital, share redemptions, and dividends.
Securing the payment of taxes may protect against exclusion
If tax arrears are a ground for exclusion under the procurement documentation, exclusion can be prevented by making payment or entering into an agreement with the tax authority. It is worth considering whether providing voluntary security would be an effective way to prevent exclusion.
Tales from the National Appeal Chamber: Meeting the conditions for participation in procurement proceedings and reliance on the capacity of third parties
To meet conditions of education, professional qualifications and experience in a contract award procedure, a contractor may rely on the abilities of other entities. How to do so properly? And can a defective third-party commitment be corrected? The National Appeal Chamber answered that question in its ruling of 13 July 2020 (KIO 1174/20). A contractor who relies on resources of other entities must entrust the performance of the relevant part of the contract to the entity making those resources available.
Taxation of real estate companies
On 30 September 2020, an extensive set of proposed amendments to tax laws was submitted to the Polish Parliament. We have already written about how general partnerships and limited partnerships are to be taxed. In this article, we describe the planned form of taxation of income from the sale of real estate companies and related doubts.
A new approach to construction design
The recent amendment to the Construction Law introduces a new element of the construction design: the technical design, which will not be enclosed with the application for a building permit. This will speed up the initial stage of the project.
Narrower set of parties in cases seeking a building permit
A relatively small change in the definition of the impact area of a project in the amendment to the Construction Law which entered into force since 19 September 2020 has resulted in a significant change in the rules for determining the set of parties in cases seeking a building permit.
Transfer of a building permit without the consent of the prior investor
Since 19 September 2020, acquirers of real estate have been able to transfer a building permit to themselves without the consent of the prior investor. Does this change facilitate implementation of development projects by property buyers?
New rules for legalisation of unlawful construction
The amendment to the Construction Law has made life easier for some owners of unlawful structures. Those whose structures were built over 20 years ago can rest easy. So long as their structure is in proper technical condition, they are not threatened with a high legalisation fee or a demolition order. The regulations governing other unpermitted structures have also been simplified and consolidated.
No more legalisation of unlawful construction with a variance from technical construction regulations
Under the amended Construction Law in force from 19 September 2020, in a proceeding seeking legalisation of unlawful construction it will no longer be possible to seek consent to a variance from technical construction regulations, due to the express wording of the new Art. 9(5) of the Construction Law. Investors who had planned to legalise an unpermitted construction while obtaining a variance from technical regulations will not obtain such approval. The same applies to investors who filed a request before 19 September 2020 and were awaiting the minister’s position on the variance.
Abusive clauses under the new Public Procurement Law
Poland’s new Public Procurement Law, which enters into force on 1 January 2021, identifies a set of clauses that cannot be included in public contracts. Will Art. 433 of the new act be regarded as a catalogue of abusive clauses? What types of provisions will be prohibited?
Retention not the same as a security deposit
Despite its similar function, the general contractor’s retention of a portion of a subcontractor’s fee to secure its own claims cannot be equated with a security deposit. Consequently, the investor is jointly and severally liable for payment of such amounts to the subcontractor.
Planned rules for imposing corporate income tax on limited partnerships from 2021
The guidelines for imposing corporate income tax on limited partnerships and some registered partnerships have now been stated with more specificity. On 16 September 2020 a draft Act Amending the Personal Income Tax Act, the Corporate Income Tax Act, the Act on Flat-Rate Taxation of Certain Income of Natural Persons, and Certain Other Acts (draft no. UD126) was published on the website of Poland’s Government Legislation Centre. The draft and the extensive justification for the proposal provide details of the rules for taxation of limited partnerships from 2021 forward. It should be borne in mind that these rules may change during the course of the legislative process.
