Poland: Application of general anti-abuse rule; taxation of restricted stock; taxation of company conversion
A report that includes summaries of recent decisions of the Supreme Administrative Court
A report that includes summaries of recent decisions of the Supreme Administrative Court
The KPMG member firm in Poland prepared a report that includes summaries of the following recent decisions of the Supreme Administrative Court.
- The court on 22 August 2023 held (case files III FSK 354/23 and III FSK 489-495/23) that the general anti-abuse rule (GAAR) applies to tax benefits obtained after 15 July 2016 even when the activities resulting in obtaining the benefits occurred prior to that date.
- The court on 23 August 2023 held (case file II FSK 231/21) that a taxpayer recognizes taxable income when shares received under a restricted stock incentive plan offered by a U.S. employer are sold by the taxpayer, and not when the taxpayer’s interest in the shares vests.
- The court on 23 August 2023 held (case file II FSK 232/21) that conversion of a Polish limited liability company into an entity without legal personality (i.e., a limited partnership) under legislation effective from 1 January 2015 created taxable income for the partners of the converted company in the amount of values of retained profits contributed to the converted company and profits that were distributed but transferred to capital other than share capital.
Read an August 2023 report prepared by the KPMG member firm in Poland
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