Poland: VAT account not accessible asset in bankruptcy proceedings (CJEU Advocate General opinion)

Tax authority refusal to transfer funds after bankruptcy is allowed under the EU law

Tax authority refusal to transfer funds after bankruptcy is allowed under the EU law

The Advocate General of the Court of Justice of the European Union (CJEU) on 11 April 2024 issued an opinion that the tax authority’s refusal to transfer funds accumulated in a taxpayer’s value added tax (VAT) account after the taxpayer declared bankruptcy to the bankruptcy administrator is allowed under the EU law.

The case is: Syndyk Masy Upadłości A v Dyrektor Izby Administracji Skarbowej we Wrocławiu (C-709/22)

Read an April 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.