There was a palpable turnaround in Poland's economic fortunes in 2017 with year-on-year GDP growth projected at 3.5% by the EC, up from 2.7% in 2016, and tax reforms generating more government revenue than expected.
Poland saw a significant 38% year-on-year increase in tax audits in 2016, indicating the Polish Ministry of Finance's announced plans to enhance tax investigations have been put into action.
The Polish Ministry of Finance estimated that prior to reforms, the government lost PLN 40 billion ($11.2 billion) per year to tax fraud, according to a report by the Financial Times in 2017. The ministry estimated an additional PLN 20 billion to 30 billion was lost due to of corporate tax avoidance.
"Poland has had issues due to political change," said Bartosz Matusik, head of tax at DLA Piper. "The government needs more taxes and there is strong pressure on corporations to pay more taxes. There is a big focus on fighting VAT frauds and on fighting tax optimisation structures."
"We had an anti-abuse rule implemented last year, which was actioned this year. Tax authorities tend to refuse to issue tax rulings, claiming they supposedly would be issued in respect of tax avoidance. The Ministry of Finance issues specific letters containing warnings against introducing optimisation structures which they claim are incorrect," added Matusik.
Contact: Joanna Wierzejska, Head of Tax
DZP's Tax Team is composed of tax and legal advisers with qualifications in law and economics. All the team members have gained their experience in leading international advisory firms. The Tax Team partners are renowned specialists: Joanna Wierzejska in transaction advisory and Artur Nowak in tax litigation. Other team members are tax advisers experienced in mergers and acquisitions, tax and customs litigation and issues related to VAT, excise duty and real estate tax.
DZP is the largest Polish law firm. Domański Zakrzewski Palinka was established in 1993. Since then it has systematically expanded its potential. Its team composed of over 150 experts provides advisory to clients in all sectors, offering them full-range legal and tax advice on all aspects of the law and in all specialisations. DZP handles complex international projects for both Polish and foreign companies. To realise its aim to be the leading independent Polish law firm with an international range, the law firm has built up an extensive network of relationships with foreign law offices.
Ernst & Young Doradztwo Podatkowe Sp. z.o.o.
Rondo ONZ 1
Tel: +48 22 557 7000
Central and Southeast Europe (CSE) Tax Leader
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Tel: +48 22 557 78 16
Accounting Compliance and Reporting (ACR)
Tel: +48 22 557 6506
Business Tax Advisory
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Energy Industry Leader
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Global Compliance and Reporting
Tel: +48 22 557 7566
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International Tax Services
Tel: + 48 22 557 7290
Oil and Gas Industry Leader
Tel: +48 22 557 8997
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Business Tax Incentives
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Doradztwo Podatkowe WTS&SAJA Sp. z o.o.
ul. Roosevelta 22
Phone: + 48 61 643 45 50
Main areas of focus:
Corporate Tax, Mergers & Acquisitions, Transfer Pricing, International Tax & Permanent Establishments, Indirect Tax, Customs, Private Clients, Global Mobility, Tax Controversy, Tax Technology
|Corporate Income Tax||19%|
|Capital Gains Tax||19%|
|Net Operating Losses (years)|
|Royalties from, for example, patents, know-how||20%||C D|
|Branch Remittance Tax||0%|
A) This tax is imposed on dividends paid to residents and non-residents.
B) This rate may be reduced by a tax treaty, or under domestic law, if certain conditions are met.
C) This rate applies only to interest and royalties paid to non-residents.
D) The tax rate may be reduced by a tax treaty or under domestic law if certain conditions are met.
E) No more than 50% of the original loss can be deducted in one year.
Senior associate Maciej Kulawik is a key tax contact at Allen & Overy in Warsaw. The firm was established in 1991. Kulawik joined the practice in 2005 and has previously worked at KPMG for six years.
The team assisted KBC Bank NV on the merger of its Polish subsidiary Kredyt Bank with Santander's Polish subsidiary BZ WBK.
Clients benefit from Allen & Overy's international network. The firm assists clients primarily in transactional tax insures, including representation in legal proceedings, corporate tax, indirect tax, litigation, restructuring and investment funds.
Aneta Saramak is CEO at Arena Tax in Poland. The team of 20 works in the tax areas of indirect, corporate and tax disputes.
Partner Michał Chyła advised on the establishment of a bank in Gibraltar which services clients in China, Germany, UK and France in the past year. The firm analysed tax issues that arose from the legal structure and the project.
Tax manager Dominika Wołkiewicz-Ramirez and tax adviser Michał Brzozowicz advised a client in a tax dispute deal in the past year. The case involved tax control and penal fiscal litigation In relation to home service fee of a financial institution and exclusion from tax deductible costs of acquired intangible services.
Baker McKenzie's tax department is headed by managing partner Sławomir Boruc. The team comprises three partners and eight other professionals, who work in indirect tax, corporate and disputes.
Partner Katarzyna Kopczewska advised a leading office developer on a $300 million corporate tax deal in October 2016. The team provided tax assistance in implementing investment holding and operating structure in relation to direct holding of real estate in a regulated closed-end investment fund. The deal covered corporate income tax, VAT, transfer pricing and transfer taxes.
Partner Sławomir Boruc and Counsel Tomasz Chentosz advised a leading US software developer and IT services provider in June 2016. The $7 million tax dispute entailed the team representing the client in a multimillion transfer pricing audit and subsequent negotiations with the tax authorities. The supporting arguments were related to the arm's-length principle.
Clifford Chance in Poland assists clients in a broad range of international tax matters. Grzegorz Namiotkiewicz has been the managing partner of the office in Warsaw since 2008 and joined the firm in 1996. He specialises in banking, finance, capital markets, restructuring and insolvency.
The team assists clients in M&A transactions, business structuring, cross-border transactions, initial public offerings (IPOs), joint ventures, representation in tax disputes and litigation proceedings.
Partners Andrzej Puncewicz, Paweł Toński and Roman Namysłowski co-manage the tax department at Crido Taxand Sp. z o.o., Taxand Poland. The team comprises six partners and 88 additional tax practitioners who work in the areas of indirect, corporate and tax disputes.
Services include international tax planning, transfer pricing, corporate income tax, tax litigation, M&A and transactions, indirect tax, PIT compliance, as well as EU funds, financial modelling and valuation and business advisory.
Paweł Toński advised investors in Closed-End Investment Funds (CEFs) in December 2016. The project was conducted within eight weeks and arose due to CEF legislation change. The corporate tax case, which totalled more than $650 million in assets, entailed reorganisation of 30 investment projects under several CEFs. The project covered Polish and foreign jurisdictions.
Roman Namysłowski assisted a global provider of electronic payments in June 2016. The $1 million indirect tax project arose in relation to a VAT refund for the previous five years. The team assisted with exemption application.
Deloitte's tax practice in Warsaw is headed by partner Krzysztof Moczulski. Moczulski has more than 25 years of experience in tax. He joined Deloitte in 2001 and has previously worked for PwC.
Senior manager Ewelina Dufrat is another key contact at the practice. She joined the firm in 2012 and has a background in accounting and finance.
The team in Poland provides services to clients including, among others, energy; healthcare and pharmaceuticals; finance; technology, media and telecommunications (TMT); and utilities.
The firm's main strength is its expertise in corporate income tax and M&A transaction matters. Clients benefit from the firm's international network, granting valuable insight into international tax matters.
The tax department at Dentons is led by partner Karina Furga-Dąbrowska. The team comprises two partners and 10 other professionals, working in indirect tax, corporate and disputes.
Cezary Przygodzi and Dariusz Stolarek advised a Polish beer manufacturer in August 2016 on a corporate tax matter. The case involved tax structuring in relation to the client establishing a presence in China. The team selected an efficient foreign tax jurisdiction in which to base the client's holding company, and analysed taxation issues within Hong Kong and Singapore.
Przygodzki, Rafał Mikulski and Sylwia Kulczycka consulted Brembo in March 2017. The team represented the client in a tax dispute in front of the district administrative court and achieved a positive tax ruling. The court validated that no real estate tax was paid on power distribution boxes and transformers.
DLA Piper's head of tax in Poland is Bartosz Matusik. The team comprises one partner and five other professionals. Four of the team are licensed tax advisers, both lawyers and economists, and two are qualified advocates.
The team often advises on securitisation, M&A transactions, transfer pricing, corporate income tax, PIT, VAT, international tax law and tax litigation.
Matusik, country managing partner Krzysztof Wiater and counsel Grzegorz Godlewski advised PGE Polska Grupa in a corporate tax deal in February 2017. The deal entailed advising a group in the process of investing in Polimex Mostostal. The team provided the client with assistance on due diligence and tax structuring advice. The deal involved debt restructuring, acquisition of existing shares and issuance of new shares.
Joanna Wierzejska is the head of the tax department at Domanski Zakrzewski Palinka in Poland. The team comprises two partners and 10 other professionals. The team is a mixture of tax and legal advisers, with many years of experience at Big 4 firms.
The firm is adept at tax advice, specialising in M&A, restructuring, tax optimisation, tax proceedings and assistance with tax inspections. Tax planning assistance is provided, in addition to advice on tax incentives, transfer pricing and cross-border transactions.
The group often engages in large corporate, finance and real estate deals in Poland and has significant experience in tax litigation practice. Clients are Polish and foreign companies, local authorities, state authorities and private equity funds from sectors such as pharmaceuticals, energy, financial services and insurance.
Partner Jarosław Koziński leads EY's tax unit in Poland, which comprises 18 partners and 326 other experts who work within the areas of indirect, corporate, disputes, compliance and accounting. The practice is particularly known its expertise in the VAT area. The firm has worked on a number of high-profile cases over the past year.
Key contacts at EY include Aneta Błażejewska-Gaczyńska, Michał Grzybowski, Dorota Pokrop, Andrzej Broda, Zbigniew Liptak, Agnieszka Tałasiewicz and Michał Goj.
Partners Paweł Fałkowski and Kamil Lewandowski co-head FL Tax in Poland. They manage 18 other professionals who work in indirect tax, corporate, disputes, compliance and accounting. Eight professionals joined the firm in the past year.
Kamil Lewandowski and Wojciech Węgrzyn assisted Etis, an air conditioning contractor, in January 2017. The $300,000 tax dispute entailed the right to deduct VAT on construction services which were conducted by another entity that was not indicated on the client's invoice. The team fully repealed the decision, arguing that the authority had not produced evidence for the benefit of the party, but instead relied solely on the burden of proof.
Key contacts at Gide Loyrette Nouel are partners Dariusz Tokarczuk and Mateusz Chmielewski. Tokarczuk concentrates on M&A, corporate tax and privatisations. Chmielewski specialises in banking and finance and international capital markets in particular.
The firm specialises in M&A, corporate law, private equity, banking, finance, energy, infrastructure, public law, real-estate transactions, dispute resolution and arbitration, restructuring, insolvency, tax law, intellectual property law, labour law and competition Law.
Dariusz Bednarski is the managing partner of Grant Thornton Frąckowiak in Poland.
Bednarski is a certified auditor and has 20 years of experience advising entities and entrepreneurs on tax issues. He joined the team in 1997. He has published work related to bilateral agreements, dispute resolution mechanisms, transfer pricing documentation and country-by-country reporting, compulsory disclosure and BEPS requirements.
Grant Thornton Frąckowiak has offices in the cities of Kraków, Katowice, Poznań, Torun, Warsaw, and Wroclaw.
The team of dedicated tax professionals advise on tax matters including compliance, due diligence, M&A, tax dispute representation and transfer pricing.
Greenberg Traurig in Warsaw has over 25 years of experience in advising on transactions and disputes.
Shareholder Rafał Baranowski is a key contact with a background of 15 years in these sectors. He focuses on M&A, private equity, corporate and energy law, with an emphasis on the oil and gas sectors.
Legal services include assistance in M&A, capital markets, real estate, private equity, project finance, tax, litigation, arbitration and bankruptcy proceedings, competition and antitrust, asset securitisation, privatisations, and financial restructurings, labour law and intellectual property.
K&L Gates' tax advisory office in Warsaw is proficient in the areas of international tax planning, providing assistance in tax controversy, financial management, and assistance with cross-border transactions and subsequent due diligence matters.
Partner Peter Kay is the head of the tax and legal advisory department in KPMG Poland and Central-Eastern Europe. Kay has more than 24 years of international tax experience and knowledge of diverse markets, including the US, Canada and Hong Kong. He predominantly manages tax advisory projects for entities in the Polish market on projects addressing financial, tax and economic issues, with an emphasis on financial corporations in particular.
The team uses KPMG's international connections in advising clients on global and cross-border tax matters. The firm advises clients on a broad scope of tax and transfer pricing services, which include matters related to customs, indirect tax, litigation, M&A, transfer pricing, banking, insurance, progressive income tax (PIT), compliance and more.
Clients operate in a wide range of industry sectors, including real estate, retail, consumer goods, banking, financial and telecommunication services.
Linklaters' key tax contact in Warsaw is counsel Mikolaj Bieniasz. The term assists clients in domestic, cross-border and regional issues covering M&A, banking, capital markets and real estate transactions.
The team advised Alinda Capital Partner, an American-based infrastructure investment firm, on the acquisition of 100% of Emitel, a leading television and radio broadcast infrastructure provider Poland.
In another deal the group assisted PZU, one of the largest insurance companies in CEE, on its acquisition of the Lithuanian, Latvian, Estonian and Polish businesses of Royal & Sun Alliance Insurance (RSA).
Marciniuk & Partners was established in Warsaw in 1997 by tax adviser Janusz Marciniuk, who is known beyond Poland. The firm assists clients in their tax and legal advice and accounting requirements in the languages of Polish, German and English.
The team comprises licensed tax advisers and lawyers who assist it corporate income tax services, VAT, PIT, transfer pricing, tax on civil law activities, international tax law and more.
Tomasz Michalik is the partner in charge of MDDP Michalik Dłuska Dziedzic & Partners' tax department. The branch comprises 13 partners and 67 additional tax professionals, working in corporate, indirect and disputes. The group has teams dedicated to VAT, international tax and transfer pricing.
Clients are companies in the sectors of pharmaceuticals, finance, TMT, automotive and real estate.
Partners Justyna Bauta-Szostak and Łukasz Kosonowski advised on a corporate tax deal in December 2016. The $234 million deal involved structuring and union of real estate projects for a Dutch joint stock company, to be listed on the Warsaw Stock Exchange (WSE) in 2017. MDDP recommended cost-efficient steps to simplify cash flows. The team comprised tax and legal advisers from other countries as well. MDDP also advised how the structure could be adjusted into the Real Estate Investment Trusts scheme.
Norton Rose Fulbright merged with Chadbourne & Park in June 2017. The global practice now comprises up to 4,000 lawyers in 59 offices and 33 countries, benefitting clients with greater international insight.
Partner Piotr Julian Strawa heads the Warsaw office and specialises in corporate and M&A. He focuses on privatisations, restructurings, private equity and joint ventures. Marcin Matyka and Pawel Bajno are key tax partners at the office.
The firm assists in financial instruments, corporate and partnership tax, corporate tax planning, dispute resolution, litigation, excise duty, international tax law, investment funds, trusts, estates and private wealth, M&A, personal taxation, social security contributions such as executive compensation and employee benefit plans, real estate, sector taxes, transfer pricing, withholding tax, VAT and transfer tax.
Partner Tomasz Barańczyk is the head of the tax and legal at PwC. The firm has been established in Poland for over 25 years and has offices in Gdańsk, Katowice, Kraków, Łódź, Poznań, Rzeszów, Warsaw and Wrocław. Barańczyk has worked for the firm since 2009 and was promoted to his current position in 2013. The tax team comprises two partners and 46 other professionals.
The firm assists multinational corporations as well as family businesses in transfer pricing matters, international tax, indirect tax, litigation and dispute resolution, real estate tax, management and accounting, automation and human resources.
Clients are from a broad range of sectors such as energy and utilities, finance, healthcare and pharmaceuticals, TMT, information technology and software.
Sendero Taxexperience's team of professionals comprises three legal counsels and four tax advisers, who work with 23 additional experienced advisers.
Tax adviser and partner Artur Wolny is a key contact at the practice who specialises in tax litigation, CIT and PIT. He advises Polish and international clients on tax auditing and litigation issues.
The team provides tax and legal accounting services predominantly to clients from the health and pharmaceuticals; electronics; oil and gas; and automotive industries.
Skarbiec Law Firm assists clients in international tax management, controversy matters, and representation in litigation proceedings.
The firm assists foreign clients in establishing permanent business presence in Poland, company formation in Poland and offshore countries, ongoing legal support in current matters for companies, receivables collection, legal assistance in M&A, protection of assets and legal assistance in relation to bankruptcy proceedings.
Soltysinski Kawecki & Szlezak (SK&S) was established in 1991 and comprises 25 partners and additional experts within tax. The firm has a department dedicated to corporate and M&A, privatisation transactions, takeovers, investments and transformations in the private sector.
Dispute resolution services are offered by SK&S' litigation department, which has experience assisting in high-profile corporate and infrastructural disputes in Poland. SK&S also assists clients in banking and financial matters including financial regulation, transactional and restructuring work.
Dariusz Wasylkowski is the managing partner of Wardyński & Partners' department in Warsaw.
Wasylkowski represents clients in audits, tax proceedings, administrative court proceedings, civil and criminal litigation related to income tax, VAT, customs, private equity, and excise duties.
The team is proficient in M&A and restructuring, recently the team assisted a telecommunications company on restructuring transactions within the capital group, including operations involving redemption, exchange and sale of shares.
The firm is proficient in international tax planning and optimisation. It assisted a client in tax-efficient financing of US companies by Polish companies and their branches in Luxembourg, in addition to assisting in investment structure and preparing applications for individual tax interpretations.
Weil, Gotshal & Manges is based in Warsaw and has been active for more than 25 years. The firm assists clients in private equity, restructuring, securitisation and real estate.
Partner Pawel Rymarz has been the managing partner of the practice since 1998. He specialises in corporate law, M&A and capital markets transactions. Rymarz assisted Montagu Private Equity in its sale of a 100% stake in EmiTel to funds managed by Alinda Capital Partners.
The White & Case tax department in Warsaw has been active since 1991. Lawyers are licensed to practice law beyond Poland, including in the US and the UK.
Marcin Studniarek is the executive partner of the office. He also heads the firm's capital markets and M&A practices in Poland.
The firm assisted Jastrzębska Spółka Węglowa, a producer of high quality metallurgical coal, on the acquisition of Kompania Węglowa. The firm gave advice on financing through private placements of secured bonds, among other things.
|Tier 1 - Poland|
|Tier 2 - Poland|
|Crido Taxand, Taxand Poland|
|Tier 3 - Poland|
|Domanski Zakrewski Palinka|
|Grant Thornton Frąckowiak|
|Norton Rose Fulbright|
|Wardyński & Partners|
|Tier 4 - Poland|
|Marciniuk & Partners|
|Soltysinki Kawecki & Szlezak|
|Weil, Gotshal & Manges|
|White & Case|
|Tier 5 - Poland|
|Allen & Overy|
|Gide Loyrette Nouel|
|Skarbiec Law Firm|