Poland: Continuity of business as condition for VAT exemption (Supreme Administrative Court decision)
Change in ownership of shares in acquiring company was irrelevant.
The Supreme Administrative Court held that the transfer of an establishment constituting an organized part of an enterprise to an acquiring company that continued to use the establishment in its own activities, in the same manner as the enterprise being divided, constituted continuity of business operations for purposes of satisfying the conditions for exemption under Article 6(1) of the Value Added Tax (VAT) Act (case file I FSK 2017/21).
The court found that a change in the ownership of shares in the acquiring company was irrelevant, because the company itself remained the same legal entity and VAT taxpayer. In addition, the transfer of the establishment did not result in the liquidation of the taxpayer or the loss of the right to deduct VAT, and therefore there was no obligation to charge VAT on the transaction.
Read a November 2025 report prepared by the KPMG member firm in Poland