The rates of value added tax (VAT) in Poland changed this year with the full one rising from 22% to 23% and the reduced rate going up from 7% to 8%. Practitioners note that this has created a demand from clients for restructuring to ensure that they ...
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The rates of value added tax (VAT) in Poland changed this year with the full one rising from 22% to 23% and the reduced rate going up from 7% to 8%. Practitioners note that this has created a demand from clients for restructuring to ensure that they limit the number of transactions on which VAT is payable.
Several advisers have noted that this has been a particularly difficult year to counsel clients on their tax affairs because of the combative approach of the tax authorities and an effort to restrict tax optimisation strategies. One practitioner described the tax authorities as "spiky" in attitude and approach and commented that they were interpreting regulations as narrowly as possible.
Poland's double tax treaties with Malta and Cyprus have been updated while negotiations are in progress over the treaty with Luxembourg. The changes are expected to be implemented in 2013. One practitioner estimates that 80% of tax planning for Polish companies involves Cyprus, so the changes are likely to have a significant impact.
The new treaty is to remove the deemed 10% credit given in Poland to recipients of dividends from companies in Cyprus, which means dividends are effectively taxed at 9% rather than 19% because of the absence of withholding taxes in Cyprus. Though the treaty has been agreed, Cyprus has refused to sign it until corresponding changes are made to the treaty with Luxembourg to ensure they do not lose Polish investment to that country.
As in many other European jurisdictions, transfer pricing audits have been a common feature this year and have caused a surge in disputes. Transfer pricing was explicitly mentioned in the Ministry of Finance tax audit agenda for 2011. This manifested itself in scrutiny of intercompany financing, particularly guarantee fees and intellectual property payments. Another area of focus practitioners highlight concerns year-end adjustments and compensating adjustments made as a result of primary adjustments in other jurisdictions. The tax authorities are expected to target these matters in particular in the coming year.
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