m.i.kamiński

Two new executive orders to the article 25 of the Act on the Personal Income Tax and article 11 of the Act on the Corporate Income Tax have been published in the Journal of Laws no. 160 of 29th September 2009:
1. Regulation issued by the Finance Minister of 10th September 2009 on the Method of Determining Income Earned by the Natural Persons by Assessment and Method and Procedure of Eliminating Double Taxing of Natural Persons in the Case of Correction of Profits of Affiliated Entities (item 1267)
and
2. Regulation issued by the Finance Minister of 10th September 2009 on the Method of Determining Income Earned by the Corporate Bodies by Assessment and Method and Procedure of Eliminating Double Taxing of Corporate Bodies in the Case of Correction of Profits of Affiliated Entities (item 1268)

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Changes introduced to the Act of 20th November 1998 on the Lump-sum Tax on Some Revenues Earned by the Individuals (Journal of Laws No. 144, item 930, as amended) relate to property lease, sublease, rental, sub-rental or other contracts of similar character not performed within the framework of business activity (the so called private lease).

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Analogical provisions in relation to research and development centres have been introduced in the Act of 26th July 1991 on the Personal Income Tax (consolidated text, Journal of Laws of 2010, No. 51, item 307 and No. 57, item 352),
as a result of adding article 14, paragraph 2, subparagraph 15. In the case of tax payers paying personal income tax the above-mentioned provisions apply to the income earned (loss incurred) since 1st January 2010.

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The Journal of Laws of 5th May 2010, No. 75, item 473 published an Act of 18th March 2010 on the amendment introduced to the Act on PIT, the Act on CIT and some other acts.
The amendment relates to the following:

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Changes in VAT regulations are a result of implementing into the national legal order the acts prepared by the Council of the European Union, making up the so called VAT Package 2010 (their part will enter into force in 2011 and 2015).
Throughout the history of VAT in the EU, the changes introduced currently are the most important and complex reform of the system since removal of the customs borders and implementation of single European market in 1993. They aim at facilitating the internal market and simplifying common system of taxing
as well as eliminating some pathologies (for instance double taxing of some services or habitual delays in tax return for the non-residents).

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Limitations in VAT deductions for the passenger cars used by the companies along with the fuel used for the above mentioned cars that have been introduced in Poland after joining the European Union are not in conformity with the EU regulations. The verdict has been pronounced by the European Court of Justice on 22nd December 2008 (C-414/07). The case has been brought to the European Court of Justice by the Cracow company Magoora which in spring 2005 leased a car that was compliant with the so called Lisak template. At the beginning the company was entitle to deduct VAT for the instalments for the leasing services as well as for the fuel. In August 2005 the company has lost the right to deduct VAT for the fuel. The verdict means that Polish companies will be entitled to claim tax return.

[Rzeczpospolita]

Spouses that would like to submit one common tax return must submit the declaration for the 2008 within the deadline, i.e. 30th April 2009. Delay shall deprive them of the right to submit one common PIT declaration.

[Gazeta Prawna 3.04.2009 r.]

” Our aim is to enable the citizens, beginning July 2011, to start a company or fix any other office matters without leaving the house but using only the Internet ” said yesterday the Deputy Minister of Economy, Adam Szejnfeld during press conference organised on the occasion of introducing the program for registering the business in “one counter”.

The Deputy Minister has announced that “one counter” is only a prelude to the revolutionary changes that shall be introduced in accordance with the rule of “no counter”. Within the first half of 2011 when the new system is expected to come into effect, a new IT platform will be created along with necessary technological infrastructure thereof.

Today the Senate has accepted an amendment to the acts on income taxes that increases the limit of so called investment relief from 50 000 EUR up to 100 000 EUR.

The change in the acts on PIT and CIT that is currently being prepared by the Government which includes the increase of relief is part of governmental program “Stability and development plan” that is aiming at fighting the crisis.

The increased limit shall be in effect during 2009-2010. It shall apply to the companies that start their business activities during 2009-2010 and also to the ones that have started business activity in 2008.

[Gazeta Prawna 3.04.2009 r.]