We deliver intense training to our existing and prospective clients, including companies listed on the Warsaw Stock Exchange, in the area of the new tax obligations and threats to be encountered by taxable persons starting from 1 January 2017. The training is conducted by our experts and tailor-made to meet the individual needs of each taxable person. The training takes the form of workshops, offering an opportunity to exchange views and discuss the issues of interest.
We often write about transactions in which we act as advisors, or about court cases we have won. However, we also handle matters which are of greater interest for ordinary people. With the Warsaw reprivatisation scandal in the background, we would like to inform that, after several years of efforts, we have managed to end the proceedings in a case for acknolwedgment of inheritance acquisition (a tenement house in the center of Będzin) by an American family of Jewish origin. The proceedings involved three lines of heirs. In the course of the case, the Court relied on the documentation collected, and sought experts’ opinions regarding the inheritance laws in various states of the USA.
We have carried out a review of VAT settlements in one of Poland’s largest rail carriage companies. The review was intended to verify the accuracy of VAT payments by the Company, including the tax point recognition, the accuracy of VAT rates applied (including the 0% rate) and payments in transactions subject to the reverse charge mechanism.
KSP lawyers represented a leading paper, carton and packaging producer in a transaction of share sale to a foreign investor operating in this sector. The legal consultancy services provided by KSP professionals involved participation in negotiations with the buyer, preparation of the transaction model and drafting the share sale agreement and the investment contract. The entire transaction was supervised by KSP tax advisors, who developed its optimal tax accounting model.
KSP Tax Team represented PKP Cargo S.A in a case regarding damages paid for loss, deficiency or damage to a consignment in transport. A question was posed whether the amounts of money paid or to be paid in the future as damages for loss, deficiency or damage of a consignment can be recognised as deductible costs in the light of the tax regulations. The Province Administrative Court of Warsaw, in its judgement of 13 May 2015 held that a situation where a consignment is lost, e.g. as a result of theft, does not involve a defective performance of a service but rather its non-performance. Thus, the provisions of Article 16(22) of the Corporate Income Tax Act do not apply to a loss of a consignment. Consequently, if the expense is linked to revenues on a general basis, the amounts paid as a result of the loss can be recognised as deductible costs.
KSP assisted a client operating in the heating fuel sector in excise tax proceedings. The customs authorities contested the practice of preferential rates of excise duty used by the client. The Law Firm conducted proceedings before administrative courts which ended with a judgment convenient for the client. The Supreme Administrative Court vacated the adverse decision to the overall amount of over PLN 300 thousand. In the course of the proceedings, the Law Firm effectively helped protect the client’s interests by managing to temporarily discontinue the enforcement proceedings.
KSP managed to get a favourable verdict of the Łódź Administrative Court. According to the verdict, the second-instance authority is required to substantively resolve a dispute regarding changed parameters of waste water in the existing treatment plant.
The Law Firm helped to effectively secure interests of a client operating in the heating fuel sector in tax proceedings carried out by the authorities pertaining to preferential excise duty rates. Although the Customs Chamber issued a decision assessing the tax at PLN 250 thousand, the enforcement proceedings of the administrative authorities was discontinued with no detriment for the client’s financial liquidity until a favourable verdict of the administrative court was issued. Through negotiations with the Customs Office, a tax relief was obtained, and after the proceedings before the administrative court had ended favourably, all proceedings pending against the client were discontinued.