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Poland: Comprehensive performance and VAT; lump-sum income tax; transfer of organized part of enterprise not subject to VAT

A report that includes summaries of recent decisions of the Supreme Administrative Court.

July 11, 2024

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

  • The court on July 2, 2024, held (case file I FSK 1101/20) that designing a green area was part of a comprehensive performance or complex service (i.e., landscaping service taxed at a reduced 8% value added tax (VAT) rate).
  • The court on July 2, 2024, held (case file II FSK 769/22) that a limited partnership paying advances against expected profits to general partners throughout the tax year is not under the obligation to collect lump-sum income tax as provided for by Article 30a(1)(4) of the PIT Act.
  • The court on July 3, 2024, held (case file I FSK 1449/20) that in determining whether a transfer of assets is a transfer of an organized part of an enterprise not subject to VAT is whether the assets can be used to continue similar business activities with no material functional or organizational changes.

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

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