Law & Numbers - News Tax

No indirect tax on raising the capital by partnerships limited by shares

06.08.2015 (Poland)

Court of Justice of the European Union has recently stated that Polish partnerships limited by shares (PLS) should be regarded capital companies, if they increase their assets or capitals in transactions specified in Directive 2008/7. As PLSs fulfill definition of capital companies within the meaning of the Directive 2008/7, leaving them outside of the definition of the Directive would be against the freedom of capital movement, the Court stated.

As PLSs fulfill definition of capital companies within the meaning of the Directive 2008/7, leaving them outside of the definition of the Directive would be against the freedom of capital movement, the Court stated.
Before the judgement was issued, the PLSs had to pay 0.5% Polish indirect tax (PCC) on their raising capital or assets, even if such raising the capital or assets came from mergers, transformations, exchange of shares or contribution of enterprise or its organized part. As a result of the judgment, PLSs are now free from PCC on such transactions. In addition, they now can claim back PCC that was overpaid in the past.
(case number: C-357/13 - Drukarnia Multipress)

For more information please contact:

Agnieszka Wierzbicka
Rączkowski, Kwieciński, Adwokaci
E: wierzbicka@rklegal.pl
Phone: +48 22 292 03 59

Karol Kozłowski
Rączkowski, Kwieciński, Adwokaci
E: kozlowski@rklegal.pl
Phone: +48 22 292 03 15






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