TAX ADVISORY

Tax strategy - is your business ready for this change?

According to the Ministry of Finance announcements the obligation to prepare a tax strategy initially planned already for 2020 CIT settlements, will be postponed and apply to CIT reconciliations for 2021 onwards. The strategy is a collection of information about the taxpayer’s tax management, cooperation with the tax authorities, specific transactions and business reorganizations as well as rulings obtained.

The following entities will be obliged to prepare a tax strategy:

  • tax groups
  • other taxpayers with annual revenues exceeding EUR 50M

Our team is already in the process of preparing of tax strategy for some of Our Clients. Usually, there are 2 scenarios:

  • Mapping existing processes and procedures and preparation of tax strategy in the form of “master agreement” covering already existing procedures and addressing other areas so far not covered in the internal regulations
  • Preparation of a complex tax strategy describing the process of recognition of particular flows and operations for tax purposes, individuals responsible for tax settlements and tax declarations, procedures in crucial tax areas – such as MDR procedure, WHT procedure, the procedure of application 50% costs for creative employees – in the form of the tax strategy document

We commence our work only when the terms of our cooperation are fully clear and accepted by our Client. We propose a fixed fee. Even when our actual time engagement is higher than our assessment, the Client is charged with a fixed fee only.

We are ready to assist you:

ŁUKASZ BĄCZYK

HEAD OF TAX

lbaczyk@asbgroup.eu
+48 570 400 482

Transactions and restructuring - M&A

Should you invest in a Polish real estate market, we will be happy to share our broad
knowledge in the context of:

  • due diligence and red flag negotiations
  • M&A advisory: share for share exchange, merger, spin-off, transformation
  • determining applicable tax implications of a given transaction (VAT / transfer tax), to include preparation of application for individual tax ruling (also in the name of both: a seller and a buyer)
  • assistance in VAT refund in case of asset deal
  • assistance in post-transactional tax settlements
  • planning effective ownership structure and consideration of preferential forms of carrying out business activity
  • determining effective financing structure, to include WHT considerations
  • planning effective structure of acquisition and sale of real estate assets
  • determining optimal structure of the transaction (share deal / asset deal)
  • tax and financial due diligence and tax audits
  • proper allocation of price to particular assets
  • advisory with respect to minimal tax
  • support in real estate tax
  • assistance in proper recognition of fit-outs
  • support in WHT upon distribution of funds to investors
  • analysis of particular steps and plans in terms of anti-abusive regulations (to include General Anti Abusive Regulations) and in the context of MDR tax reporting

We are ready to assist you:

PAWEŁ JÓŹWIK

SENIOR MANAGER, ATTORNEY-AT-LAW

pjozwik@asbgroup.eu
+48 730 600 549

Withholding tax - WHT

We will be happy to help with:

  • Identification of flows potentially subject to WHT – WHT review
  • Introduction of WHT procedure including:
    a) approach of the Company towards particular types of flow (interest, dividends, royalties, fees for particular services)
    b) relationship with a contractor (UE Directive exemption or Double Tax Treaty exemption of reduced WHT rate)
    c) introduction of new regime as of 2019 (restrictive definition of beneficial owner and the requirement to exercise due diligence by a remitter) as well as the new planned regime (obligatory WHT)
  • Preparation of questionnaires allowing to prove WHT due diligence at the side of anremitter
  • Drafting statements allowing to prove WHT due diligence at the side of a remitter
  • Preparation of an application for WHT opinion to the tax authorities or individual tax ruling

We are ready to assist you:

ŁUKASZ BĄCZYK

HEAD OF TAX

lbaczyk@asbgroup.eu
+48 570 400 482

Transfer pricing TP

As part of complex transfer pricing projects, we are happy to assist you with:

  • preparation of transfer pricing documentation at both domestic (local file) and group (master file) levels, CBC reporting
  • preparation from scratch or verification of already implemented transfer pricing policy and potential adjustments to economic realities if needed
  • preparation of benchmarking analyses as an instrument for transfer pricing risk management in all types of transactions
  • preparation or review of agreements and other corporate documents in terms of compliance with transfer pricing policy as well as Polish regulations and international standards
  • ongoing transfer pricing support as part of defining a model of cooperation with affiliates, including:
    – mapping intra-group affiliation
    – determination of transfer pricing documentation obligations in a given tax year
    – creation and annexing of intra-group agreement together with the analysis of the remuneration terms with the TP issue
    – modelling transfer prices in order to use safe harbour.
  • carrying out reviews of transfer pricing before the tax audit or signing the transfer pricing statement by the head of the unit
  • proper allocation of income to the permanent establishment
  • tax proceedings, by representing the client before the tax authority and preparing defence file documentation
  • support in the process of obtaining an Advance Pricing Agreement (the so-called APA)
  • preparation an individual tax ruling regarding issues under the provisions of transfer pricing

We are ready to assist you:

KATARZYNA CHAJĘCKA

TAX MANAGER

kchajecka@asbgroup.eu
+48 664 499 234

VAT and excise duties

We advise entities from the real estate, retail, FMCG, tourist, automotive, IT, chemical, pharmaceutical, energy, fuel and tobacco industries. Our specialists also supported clients in tax and administrative court disputes, in particular those related to incorrect classification of goods and involvement in carousel transactions. Our team’s rich and comprehensive experience allows us to offer our clients extensive support in many areas:

• Ongoing tax consultancy (Hotline)

Close cooperation with our accounting team means that in our work we face current
problems of applying tax law almost every day. We can share our knowledge and experience with you through ongoing telephone, email, internet consultations or individual meetings – at our company headquarters or at your place.

• Preparation of tax law opinions and analyzes

For more complex issues or including other taxes – we can offer you the preparation of analyzes and opinions in the form of memoranda. The documents contain a detailed analysis of the issue presented to us based on existing regulations and current tax practice, together with proposals for its practical solution. The result of our review may be a recommendation to apply for a binding tax ruling.

• Tax reviews

Our team can conduct a review of the correct application of tax law in your entity. In this case, you specify tax periods and the scope of the audit’s detail. The result of our work is a written report summarizing our observations and containing recommendations for further use. In the second stage of our review, we can prepare a Tax Instruction for you, which can help you implement our recommendations.

• Reviews regarding the correctness of applied tax rates

A special form of review is a review focused on checking the correctness of VAT rates
applied. As part of this review, our experts examine the characteristics of the goods you sell and the services you provide. The result of our work is a document containing a list of tested goods and / or services together with recommendations as to the correct VAT or excise duty rates. The result of our review may be a recommendation to apply for Binding Rate Information or Binding Excise Information.

• Reviews regarding the regularity of taxation of cross-border transactions

Cross-border transactions, giving the right to apply the 0% VAT rate (intra-Community supplies and export of goods), have been the subject of increased interest of tax authorities for many years. Due to complicated regulations (a complicated way of documenting, checking of due diligence, unclear settlement of chain transactions), they constitute a higher risk area for taxpayers. To minimize them – our team can review your documentation. A report will be prepared based on it, including we will determine the level of this risk, we will point to documentary deficiencies that need to be supplemented, we will indicate contractors that may require additional verification. In the second stage of our review, we can prepare a Tax Instruction for you, which can help you implement our
recommendations.

• Tax reviews for the implementation of JPK_VAT

The VAT regulations in force since July 1, 2020 require taxpayers to have much more
detailed records of VAT records than before. Many types of transactions require the use of additional designations, where the use of incorrect markings can mean a fine of PLN 500 for each mistake. Our review is focused on determining the transactions to which the additional markings should be applied. The result of our work is a written report with our recommendations. The result of our review may be a recommendation to apply for Binding Rate Information.

• Due diligence tax reviews and support in real estate transactions

Real estate transactions, due to the significant value of the transaction and the complicated method of taxation, are subject to high tax risk. Our team has extensive experience in this type of projects, including sets the correct tax rate, supports the transaction parties in examining the tax law aspects of the sales contract and accompanying documentation, proposes solutions aimed at the fullest possible tax protection of the parties. The result of our review may be a recommendation to apply for a binding tax ruling.

• Tax instructions and regulations

Tax instructions and regulations are documents that are designed to improve and secure the correct application of tax law provisions by a taxpayer. They are also one of the evidence that the taxpayer is exercising due diligence in complying with tax law. Our instructions can cover the entire spectrum of activity, as well as its selected aspects, e.g. how to document cross-border transactions.

• Binding tax rulings

Binding tax rulings are a way of securing the manner in which the tax law provisions are applied by the taxpayer. A taxpayer who has obtained such a ruling may refer to it for the tax authorities. The interpretation, if prepared correctly, is binding on the tax authority. The application may be submitted by a taxpayer or also by several entities jointly interested in a specific decision.

• Binding Rate Information

Binding Rate Information is the equivalent of binding tax ruling. They constitute an official confirmation of the correct classification of a given good or service and the correctness of the tax rate applied by the taxpayer.

• Binding Excise Information

Binding Excise Information is the equivalent of binding tax ruling. They constitute an official confirmation of the correct classification of a given commodity for the purposes of excise duty.

• Support during the tax audits, tax proceedings and administrative court proceedings

We have extensive experience in supporting taxpayers in disputes with tax authorities. Our activities may include support in preparing letters and responses to tax authorities and administrative courts (including cassations), as well as direct representation of clients at every stage of proceedings: control, tax, proceedings before the provincial administrative court and the Supreme Administrative Court.

• Training and webinars

We can prepare trainings and webinars for any tax topic proposed by you. These may
include basic knowledge trainings (e.g. introduction to value added tax), advanced trainings on current practice of law application, trainings for specific industries (e.g. tourism) or trainings on changes in tax law. Our trainings may also involve familiarizing your employees with the effects of our work previously carried out for you (e.g. discussing and training in the application of tax instructions).

We are ready to assist you:

JAROSŁAW SZAJKOWSKI

TAX MANAGER, TAX ADVISER

jszajkowski@asbgroup.eu
+48 570 400 673

CIT

We have extensive experience advising both family companies and multinational businesses on corporate income tax matters. We may help you with:

  • tax planning and ongoing tax advisory
  • methodology of recognition of revenues and tax-deductible costs
  • methodology of determining initial value of fixed assets and depreciation
  • restrictions on the tax deductibility of financial expenses/intangible services
  • division into Capital Revenues and Operating Revenues
  • minimum tax on commercial real estate
  • analysis of the possibility of applying reduced CIT rates (9% CIT, 5% IP Box)
  • analysis of the possibilities of applying the R&D relief,
  • applications for binding interpretations
  • tax audits
  • international tax law
  • support with cross-border tax issues and transactions
  • tax workshops for clients
  • new WHT regime
  • corporate income tax compliance, including:
    – review of accounting ledgers and other relevant documentation
    – preparing the calculation of tax liability, including discussion about relevant issues and topics
    – preparing the CIT return form
    – electronic submission to the tax authority
  • identification of activities potentially subject to GAAR and MDR reporting
  • representation of the client in dealing with the tax authority (e.g. in the event of a tax audit)
  • day-to-day tax support

We are ready to assist you:

MARTA SKRODZKA

TAX MANAGER, TAX ADVISER

mskrodzka@asbgroup.eu
+48 666 023 871

PIT – Personal Income Tax – Advisory for Individuals

1) If you are an entrepreneur, we will:

  • Determine most optimal form of business, given the scale and profile of your activities
  • Compare applicable taxation regimes in order to choose most effective business or investment structure
  • Help you with transformation of your business
  • Advise you on effective reorganization of your ownership structure, so that it is as efficient and safe as possible
  • Assist you with negotiations of shareholder agreement – especially, when not all your
    business partners stem from your closest family
  • Support you in effective sale of your business and your succession plans

2) If you are a PIT remitter, we will:

  • Analyse most complicated cases of your employees – broken tax residency, multiple sources of revenues, taxation in various countries
  • Reconcile your employees for compensation tax purposes, to include monthly tax advances and annual tax reconciliation
  • Help you with introduction of applicable tax preferences and reliefs, to include costs of earning revenue amounting to 50% of revenue for creative employees
  • Support you in determining implications of employee or management incentive plans or preparation of application for individual tax ruling securing possibility to apply flat 19% PIT rate
  • Assist you in determination cross-border social security implications and applying for A1 certificates of coverage

3) If you are an employee or a manager, we will:

  • Analyse your tax residency and scope of taxation in Poland, should you be subject to taxation also abroad
  • Assist you in reconciliation of income from employee or management incentive plan
  • Help you in calculation of monthly tax advances due from foreign sources (e.g. foreign employment contract exercised in Poland)
  • Analyse applicable tax preferences – joint tax return, children relief, eco heating relief, 50%  lump sum costs)
  • Assist you in applying for a tax residency certificate
  • Determine most effective engagement structure, especially for board members and
    management

We are ready to assist you:

ŁUKASZ BĄCZYK

HEAD OF TAX

lbaczyk@asbgroup.eu
+48 570 400 482

Tax reporting – tax schemes – MDR

We will be happy to help with:

  • Identification of transactions, operations, plans and activities which may be subject to reporting
  • Identification of cross-border tax schemes
  • Preparation of MDR-1 form on first activity related to a tax scheme
  • Preparation of MDR-3 form on introduction of a tax scheme
  • Drafting a formal MDR procedure
  • Drafting an informal procedure aiming at proving a company’s due care and compliance with MDR regulations
  • Preparation of courses for employees in order to facilitate more accurate identification of internal operations potentially subject to reporting

We are ready to assist you:

MARTA SKRODZKA

TAX MANAGER, TAX ADVISER

mskrodzka@asbgroup.eu
+48 666 023 871

Anti-crisis Shield

Should you, due to the current situation, need assistance with respect to anti-crisis
regulations, we may help with:

  • Individual analysis of anti-crisis regulations to identify most effective instruments
    available for the given entity
  • Preparation of application for resignation from the execution of liabilities
  • Preparation of application for co-funding of employee’s remuneration
  • Preparation of agreement on modification of employment terms
  • Preparation of application for exemption from social security contributions
  • Preparation of application for deferral of social security contributions
  • Preparation of plan of repayment of liabilities indicating a probability of financial
    improvement
  • Preparation of application for “dormant business” benefit
  • Preparation of application for loan or guarantee
  • Preparation of application for support of artistic or creative activity

We are ready to assist you:

ŁUKASZ BĄCZYK

HEAD OF TAX

lbaczyk@asbgroup.eu
+48 570 400 482

Social security, tax and court proceedings

When the tax and social security regulations are unclear and often change it is easy to make a mistake in their day-by day application. An error can be made by the taxpayer but also by an administrative authority. In any of these cases, a dispute may arise in which the taxpayer should consider the support of a professional.

Our team has extensive experience in representing clients in tax disputes and in matters of social security. Our tax advisors and attorneys-in-law appeared before both tax authorities and ZUS (Social Security Office), as well as common and administrative courts.

We can offer you comprehensive support, including on the following issues:

• Support during ZUS inspections and court proceedings in social security matters

Our team can:

  • advise on how to prepare for the audit and support during the ZUS audits
  • participate in hearings of the parties and witnesses of the proceedings
  • represent, on the basis of a power of attorney, our Client or his entity in proceedings before ZUS and courts (including the Supreme Court)
  • prepare applications, responses and other pleadings
  • prepare appeals against ZUS decisions, appeals against judgments of courts of first instance and cassations to the Supreme Court

• Recognizing the possibility of applying for a refund and conducting overpayment proceedings

Our team can:

  • Conduct an audit to determine if our Client has an overpayment situation
  • Advise the most effective refund form of overpaid means
  • prepare overpayment applications
  • prepare our Client to participate in overpayment proceedings and support him during it
  • prepare responses and other letters to the administrative authorities
  • represent our Client on the basis of a power of attorney before the tax and social security authorities, courts and administrative courts

• Support during checking activities and control proceedings

Our team can:

  • advise how to prepare for a control
  • advise during checking activities and during control proceedings, including in dealing with tax  authorities
  • prepare applications, responses, objections to control proceedings protocol and other letters to the tax authorities in the scope of conducted proceedings
  • represent the taxpayer, on the basis of a power of attorney, in activities before tax authorities

• Conducting tax and administrative court proceedings

Our team can:

  • prepare applications, responses and other pleadings
  • represent our Client or his entity, on the basis of a power of attorney, before tax authorities and administrative courts
  • participate in hearings of the parties and witnesses of the proceedings
  • make appeals to tax authorities, complaints to administrative courts and cassation appeals to the Supreme Administrative Court

We are ready to assist you:

JAROSŁAW SZAJKOWSKI

TAX MANAGER, TAX ADVISER

jszajkowski@asbgroup.eu
+48 570 400 673

CONTACT US

+48 22 222 33 55