Poland: Recordkeeping for IP Box; cash as tax-deductible cost; residential property used in business; taxation of agricultural
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 26 July 2023 held (case file II FSK 142/21) that in line with Article 30cb of the PIT Act, taxable persons seeking IP Box relief must keep relevant records and distinguish costs associated with every eligible intellectual property right to determine the qualified income. If the taxable person is engaged in various projects, separate records must be kept for each of them.
- The court on 25 July 2023 held (case file II FSK 131/21) that the face value of cash in Polish zloty included in an organized part of an enterprise is treated upon sale as tax-deductible costs of the seller.
- The court on 25 July 2023 held (case file III FSK 123/23) that a company used residential property that it owned in its business activity and thus was subject to an increased tax rate under Article 5(1)(2)(b) of the Act on Local Taxes and Duties. The court found it significant that the property appeared in the company’s fixed asset records, the costs associated with the maintenance of the premises were deducted for tax purposes, and the property was purchased under a loan granted by a related entity and using funds obtained from the company's business activity.
- The court on 28 July 2023 held (case file II FSK 174/21) that competition prizes granted to natural persons conducting agricultural business activity are subject to 10% lump-sum income tax under Article 30(1)(2) of the PIT Act.
Read a July 2023 report prepared by the KPMG member firm in Poland
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