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Chance to recover wrongly paid tax. CJEU rules on chain transactions.

22 August 2022 saw publication in the Official Journal of the European Union of a CJEU decision precluding the practice of Polish tax authorities whereby they thoughtlessly imposed penalty VAT on taxable persons who gave their suppliers a wrong VAT ID...
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Sendero hosted in Polish Radio One

Flat-rate tax or tax scale? Our tax advisor Tomasz Wilk appeared in today\'s Polish Radio One programme entitled \"Po Pierwsze Ekonomia\", where he advised on which tax treatment may be more favourable. Until Aug. 22 businesses may change the tax...
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Lease of farmland and real estate tax. Sendero wins in a tax overpayment case.

Should the owner of leased farmland pay agricultural tax or real estate tax? One of our clients has for a long time been sure that, given their business profile, they should pay the latter. There is a significant difference in terms of money so you may...
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The law on indirect transactions with tax havens – more harm than good

Taxpayers must \"exercise due diligence\" to assess transactions made by their business partners. But they have received no guidance to make sure their assessment efforts are sufficiently diligent – says Grzegorz Młynarczyk, tax advisor and Sendero...
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The fact a clause is missing in your contract need not destroy your defence prospects

A party may avoid liability in damages if the contract was breached for reasons for which it is not responsible. But case facts rule. We have been asked the following question: Due to the current economic and political situation (e.g. war in Ukraine,...
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Courts challenge the applicability of penalty VAT

The additional, penalty VAT (called surcharge) may not be imposed automatically. There are a number of things to be investigated first, including whether the taxable person exercised due diligence and whether there has really been loss of tax revenue. There...
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Financial statements and secrets of e-signatures

Financial statements and the way they are filed to the Financial Documents Repository (RDF) have been fully electronic already since 1 October 2018. Although the process has been operational for several years now, businesses still face problems with practical...
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Contract of employment: Ukrainians must know what they sign

Contracts of employment and related documents should be issued in languages which foreigners understand, says Rafał Kania, Sendero Tax & Legal partner.   Hundreds of thousands of Ukrainians came (fled) to Poland. Many of them are going to...
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The zoning and spatial planning reform needs polishing

The Ministry of Development and Technology is working on a reform of the Polish zoning and spatial planning framework, the expectation being that the new law would enter into force on 1 January 2023. The legislative proposals went through the public pre-consultation...
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We win before Provincial Administrative Court. Tax authorities may not refuse to rule on mandatory invoice content

One of our major clients is a supplier of construction materials, including for DIY chain stores. The client requires invoicing via a dedicated website and with the use of non-standard units of measure. To obtain assurance that the solution is admissible...
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