Poland: Taxable amount of in-kind contribution of property for VAT purposes is value of shares issued in exchange

A CJEU judgment concerning taxable amount of in-kind contribution of property for VAT purposes

CJEU judgment on taxable amount of in-kind contribution of property for VAT purposes

The Court of Justice of the European Union (CJEU) on 8 May 2024 held that for purposes of Article 73 of the EU Value Added Tax (VAT) directive, the taxable amount of a contribution of property by one company to the capital of a second company in exchange for shares in the latter must be determined based on the value of the share issued in the exchange.

The case is: P. sp. z o.o. v Dyrektor Izby Administracji Skarbowej w Warszawie (C-241/23)

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


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