Poland: Excise tax warehouse as place of import, charitable spending requirement, transfer of real estate title as security

Summaries of recent court decisions

Summaries of recent court decisions

The KPMG member firm in Poland prepared a report that includes summaries of the following court decisions.

  • The Regional Administrative Court in Warsaw on 10 April 2024 held (case III SA/Wa 97/24) that under Article 27(2) of the Excise Duty Act, in order for a place of import to be in a tax warehouse, the authorized warehouse keeper must hold a decision (issued on the basis of the provisions of customs law) to recognize the place where excise goods may be placed under release for free circulation and notify the competent head of a tax office about holding the aforementioned decision.
  • The Supreme Administrative Court on 10 April 2024 held (case II FSK 836/21) that the taxpayer, a public benefit foundation seeking tax exemption, did not meet the destination of income requirement because while the taxpayer’s income was initially allocated to charitable purposes, under resolutions made by the foundation’s board its income was ultimately spent on business purposes.
  • The Supreme Administrative Court on 10 April 2024 held (case I FSK 869/21) that no “gainful disposal” occurs upon the transfer of title to real estate to a lender as security, and such a disposal would only occur upon transfer of actual ownership of the real estate to the secured entity. 

Read the April 2024 report




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