The American statutory foundation: An interesting alternative to trusts for wealthy Polish families
Entrepreneurs and other wealthy individuals in Poland now have the convenience of choosing between different succession planning tools. If their business and assets are largely Polish, and the beneficiaries live in Poland, a natural choice may be the family foundation, a relatively simple instrument based on Polish law and increasingly encountered in practice. But if the business is more international, and the family is dispersed between jurisdictions, many clients begin to consider foreign solutions.
Taxes and the family foundation
Along with the provisions allowing for establishment of a family foundation, entirely new tax provisions are being introduced, with attractive rules for taxation of asset transfers and foundation activities, but also a slightly too varied patchwork of tax rates.
Sale of shares in a real estate company: What about VAT?
The sale of shares in a real estate company is only the beginning, as the seller must face the VAT consequences of the transaction. Is the sale of shares in real estate companies treated differently under VAT than the sale of shares in other companies? Is this correct? And what can be done about it?
Will a tax exemption attract investors to the Warsaw Stock Exchange?
One of this year’s tax amendments that may affect Polish capital market participants is the income tax exemption for taxpayers investing in IPOs of companies entering the Warsaw Stock Exchange. Under certain conditions, they will be exempt from capital gains tax.
Preferences for PIT payers investing in alternative investment companies and new conditions for the tax exemption for AICs from 2022
The bill published on 26 July 2021 to amend the Personal Income Tax Act, the Corporate Income Tax Act and certain other acts, known as the Polish Deal, provides payers of personal income tax with a new preference to encourage investments in ventures carrying high economic risk. The proposed relief is intended to apply to certain investments by PIT payers in an alternative investment companies or their subsidiaries.
Proposed changes would increase tax burdens on top earners
One of the flagship elements of the political programme called the “Polish Deal” is changes in personal income tax and social insurance contributions. This will lead to a drastic increase in the burden on top earners, especially business operators.
Benefits for people returning from abroad, tax holidaymakers, and tax optimisers coming in from the cold
A comprehensive overhaul of Polish tax law is expected. The proposed changes would implement the Law & Justice government’s programme known as the “Polish Deal.” Some of these changes are intended to make the tax system more attractive to new taxpayers. Others are designed to encourage taxpayers who have used optimisation schemes in the past to put their tax affairs in order.
Selected rules for imposing personal income tax on e-sport
E-sport is gaining in popularity, resulting in an increase in the number of players, games and spectators, as well as an increase in revenue from e-sport. Such revenue is taxable, but it is not always clear under which rules.
Amendments to the Inheritance and Gift Tax Act
The set of parties who can benefit from inheritance and gift tax exemptions will expand. The exemption will now apply to persons who are or have been in a foster family, a family-style children’s home, a care and educational institution, or a regional care and therapeutic institution, as well as persons forming a foster family, running a family-style children’s home, or working with children in a care and educational institution or a regional care and therapeutic institution.
Taxation of sale of recovered real estate
Income from the sale of recovered real estate expropriated under the Warsaw Decree may be subject to personal income tax.