Poland: General working time not eligible for R&D relief (Supreme Administrative Court decision)

A Supreme Administrative Court decision concerning whether working time was eligible for R&D relief

General working time not eligible for R&D relief

The Supreme Administrative Court on 7 March 2024 held (case file II FSK 753/21) that transmitting the results of creative activity are not development activities for purposes of research and development (R&D) relief claimed by a company rendering consulting services.

According to the court, activities must be recorded separately, with time actually spent on creative activities and “general working time” (including breaks from work) that do not constitute R&D activities, recorded separately.

Read a March 2024 report prepared by the KPMG member firm in Poland

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.