Poland: Dividends between related companies; duties of tax offices

Poland: Dividends between related companies

Poland’s lower house (the Sejm) in early October 2015 accepted and adopted the Senate’s amendments to legislation that would amend provisions of the individual (personal) income tax law, the corporate income tax law, as well as other laws. With this approval, the legislation is sent to the president.

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Assuming that the legislation is signed by the president and enacted, the provisions generally would be effective beginning in 2016. Among the measures in the legislation are provisions related to the tax exemption for dividends paid between related companies (provided certain conditions apply). The legislation introduces an “anti-abuse clause” that would apply with respect to dividend payments and other profit distributions made by a subsidiary to a parent company.

Other measure revise the rules concerning adjustments of tax deductible costs in instances when taxpayers fail to resolve certain expenses within the statutory deadline, and new provisions concerning tax deductible costs and taxable revenues.

 

Read an October 2015 report [PDF 307 KB] prepared by the KPMG member firm in Poland: Tax Alert

Specialized tax offices

In other developments, draft regulations announced in September 2015 are pending the “consultation phase.” One of the draft regulations concerns the determination of taxpayer groups, and provides which tax office or official is responsible for the case. Another provision effectively would direct heads of tax offices to perform certain duties and specifies their territorial competence. If finalized the regulations would be effective 1 January 2016.

 

Read an October 2015 report [PDF 307 KB] prepared by the KPMG member firm in Poland: Tax Alert

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