According the the recently published draft amendments (CIT regulations) the handing over of the non-financial assets (ex. the immovable property), being a part of the share cancellation process, is to be treated as taxable.
As far as 2012 is concerned, the company, handing over these assets, is not subject to tax.
Partnerships limited by shares are to be treated as non-transparent for CIT purposes as from 1.01.2013.
In 2012 partnerships limited by shares are still tax transparent. Bearing in mind the consequences resulting from the resolution of the Supreme Administrative Court dated 16 January 2012 (II FPS 1/11), this company is an effective tool for tax optimisation from the perspective of the shareholders.
The above information may be important for all, who plan to sell substantial assets in the near future.
The Ministry of Finance has failed to introduce the changes in the tax law, which would affect a tax status of partnerships limited by shares. In 2013 the partnership limited by shares may be used as an effective tax planning tool.
The European Court of Justice has established that Poland has infringed provisions of the EU VAT Directive 2006/112/EC by imposing a lump-sum tax on foreign VAT-payers, insofar as occasional passenger transport on roads is concerned (case C-311/09). Consequently the Minister of Finance has issued an interpretation (dated 21 June 2010), which de facto includes some amendments to the existing regulations. Currently all foreign entities, which provide in Poland international occasional passenger transport services, using the buses registered outside of Poland (in other Member States), are obliged to apply general VAT rules. These entities are obliged to register for VAT purposes in Poland and to file VAT returns with the calculated tax amounts (considering the distance covered).
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Jacek Pukaluk, Tax Advisor