TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

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Mobbing as a management pathology

More and more important topic in organizations is taking action on the prevention of discrimination and mobbing. The topics of mobbing, discrimination and whistleblowers were discussed during a webinar that we had the pleasure to host on November 25, 2021. However, it is worth reiterating the importance of effectively implementing appropriate procedures and raising awareness, both among decision-makers and other employees in this area. This may contribute to reducing undesirable situations in the company.

Amendment to the VAT-Act in 2022. – summary of significant changes for taxpayers

As of 1 January 2022, amendment to the VAT-Act came into force which may have significant implications for the conduct of VAT settlements in Poland. The changes primarily concern the new method of invoicing, rules regarding settlement of correcting invoices, rules for issuing primary and correcting invoices.

Polish order and remuneration of management board members and persons performing functions based on an appointment letter

Tax changes resulting from the Polish New Deal came into force on 1 January 2022. The tax revolution will affect almost everyone. One of the groups that will feel the effects of the Polish New Deal are people who perform functions on the basis of an appointment act and receive remuneration on this account. The changes will primarily affect members of management boards and proxies, members of audit committees, among others in companies and associations. What changes are to be expected?

Limitation of claims at the end of the year – how to stop them?

Due to the end of 2021, we encourage you to consider whether you are entitled to any claims with the limitation period expiring at the end of the year. In cases where the limitation period will expire on December 31, 2021, we recommend that you take actions to stop the limitation period as soon as possible. Especially taking into account the fact that failure to act in relation to these claims will make their pursuit after the above-mentioned period ineffective. After the expiry of the limitation period, the debtor may refrain from satisfying the claim.

VAT – mistakes in the application do not constitute grounds for refusal of VAT refund

According to a ruling by the Provincial Administrative Court ( WSA ) in Warsaw, errors made by foreign entities in the content of applications for VAT refunds charged in Poland cannot constitute grounds for refusing to grant VAT refunds. Polish regulations depriving foreign taxpayers of the right to a VAT refund due to errors committed in the application, consisting in incorrect indication of the timeframe of the refund requested, are contrary to Directive 2008/9/EC.

Changes in the social insurance system – shorter sick leaves

On 19 August 2021, the President signed an amendment to the Act on Social Security System and some other acts. With a number of exceptions, the new provisions came into force 14 days after the date of publication. The amendment introduces numerous changes in the current social insurance system, mainly concerning sick leave and sick pay, which are to come into force on 1 January 2022. Although the goal is to ensure proportionality between revenues and costs of the Social Insurance Fund, in the opinion of some experts such thorough changes should be postponed until the epidemiological situation normalizes.

SLIM VAT 2 or further changes in VAT passed

Most of the changes envisaged in the second part of the VAT simplification package, so called SLIM VAT ( S- simple, L-local, M-modern) will come into force on 1st October this year. The President has already signed the bill. In this blog post I analyze the 6 most important changes that will soon come into effect, regarding chain transactions, intra-community acquisitions of goods and import of services, bad debt relief, input tax deduction, voluntary real estate sales tax, extension of time to correct imports in simplified procedure and split payment mechanism.

Changes to the Labour Code will enable employers to conduct random sobriety checks – analysis of the draft

Among the draft amendments to the Labour Code, which in recent weeks have been submitted to the Government Legislative Centre, there is also a draft act amending the Labour Code act and the act on Upbringing in Sobriety and Counteracting Alcoholism. The impulse to introduce changes in the area of alcohol testing of employees is the current legal regulation, which de facto makes it impossible to perform such tests, as well as the demands of employers themselves, pointing to the annual increase in the number of accidents at work caused by the intoxication of employees.

You can still recover interest paid for late declaration of IC-acquisition

On 18 March 2021, the Court of Justice of the European Union (CJEU) handed down a favourable judgment for Polish taxpayers (C-895/19) regarding VAT on intra-Community acquisitions of goods (IC-a). I have already informed about the ruling in the blog post „Favourable CJEU ruling on turnover tax on intra-Community acquisition of goods” in April this year, in which I analysed in detail the essence of the dispute between the taxpayer and the director of the National Tax Chamber (KIS). After the publication of the justification of the CJEU judgment in May 2021, taxpayers began to file applications for acknowledgment of overpayment an masse in order to be on time before 9 June 2021, as on that day the deadline for filing the application together with the overpayment interest due expired. It is worth remembering that the expiry of this deadline, however, does not close the way to recover the interest paid on the untimely filed IC-a.

+49 30 88 03 59 0
berlin@vonzanthier.com
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