Under the tax provisions, related parties are required to comply with a number of obligations to ensure that they set ‘arm’s length’ prices in transactions between them, i.e. prices that would be acceptable in a comparable transaction between unrelated parties.
The concept of ESG has become increasingly important for the operation of companies, with investors and consumers having high expectations. But what’s behind the acronym and why should your company pay attention to it?
In recent years, an increasing number of businesses have been considering effective ways of recovering debt collection costs. The Polish legislator has addressed this issue in the Act on Combating Excessive Delays in Commercial Transactions (the “Act on Payment Delays”) to combat unfair practices of counterparties.
Successive amendments to income tax legislation have placed increasing emphasis on the need to verify that the counterparty is the ultimate beneficial owner. However, the legal complexities make complying with this obligation extremely difficult for many businesses. The amendments include a number of key indicators to determine whether an entity is acting as an intermediary.
Although we still do not have a full final version of the Polish Whistleblower Protection Act, we can already anticipate some of the difficulties employers might face in meeting the requirements imposed by the new legislation.
According to the Polish Civil Code and the Commercial Companies Code, a registered proxy (prokurent) is a person who has been given the authority to perform legal acts in the name of and on behalf of another entity, such as a business entity or company, in the conduct of business. The function of a registered proxy is to represent the company and undertake various legal actions.
The National e-Invoice System (KSeF) is an initiative introduced in Poland that will revolutionise the process of issuing and receiving VAT invoices. The system was launched in January 2022 in an optional form, with its mandatory use expected to start from July 2024.
Effective as of 26 April 2023, the amendment to the Labour Code (implementing two directives of the European Parliament and of the Council of 20 June 2019: No 2019/1152 – on transparent and predictable working conditions in the European Union and No 2019/1158 – on the work-life balance for parents and carers) has significantly expanded the scope of information that an employer should provide to employees in connection with concluding an employment contract.
This year’s amendments concerning employment law have introduced a number of new entitlements and changes for employees who are also parents or carers, these include:
remote work; additional leave; overtime work; secondments; and flexible working.
As of 1 January 2022, new deadlines apply to comply with transfer pricing obligations for 2022. Liability for failure to comply with transfer pricing documentation obligations arises at two levels, both for the company and for individuals authorised to represent and manage the company’s business, who are most often members of the management board.
A new version of the draft act amending the Act on Goods and Services Tax and Certain Other Acts, i.e. the regulations introducing the obligatory National e-Invoice System (“KSeF”), has been published on the website of the Government Legislation Centre (Rządowe Centrum Legislacji). The entry into force of the mandatory regulations has been postponed by six months, i.e. until 1 July 2024.
If an employee who has committed an act of serious misconduct, the employer is often faced with the dilemma of an appropriate response. There are essentially four available courses of action: disciplinary interviews, the imposition of a disciplinary penalty, termination of the employment contract or summary dismissal.
The implementation of the Work-Life Balance Directive entails a number of changes to employee’s rights. Undoubtedly, the plane for which the implementation of the provisions will have the greatest practical importance is employment contracts.
The important issue is to know that labour mobility is an element of one of the fundamental freedoms protected by EU law – the freedom to provide services. The principle of the freedom to provide services entitles economic operators to provide their services in another EU Member State without having to become registered or established there.
Nowy Ład – the “Polish Deal”, which the Polish President signed on 16 November, introduces a range of novelties for taxation, including withholding tax. The new law will enter into force on 1 January 2022
The Act on the Electronic Delivery of Documents, which entered into force on 5 October 2021, is aimed at modernising, streamlining and standardising communication with the public authorities. At the moment, users need to have a number of accounts on various official sites in order to use the electronic services provided by public offices. Raising complaints about a lack of user friendliness, clunkiness and chaos in the systems, businesses have tended to give up on using remote means of communication with authorities.
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