Tax aspects of the transaction

Introduction

Sources of tax law in Poland As a member state of the European Union, Poland is required to apply EU law. Some EU regulations are applied in Poland directly while others are implemented within the Polish legal system. Among the taxes of particular transactional importance, […]

Share deals

Corporate income tax effects Under the Corporate Income Tax Act of 15 February 1992, expenditures on acquisition of shares are not deductible as revenue-earning costs at the time of acquiring or taking up the shares. Such expenditures may be recognised as revenue-earning costs only upon […]

Asset deals

Definition of an enterprise and an organised part of an enterprise Correct classification of the subject of the transaction (i.e. as an enterprise or organised part of an enterprise or as specific assets) is of decisive importance for proper determination of the tax effects of […]

Merger

Legal succession The Tax Ordinance provides for universal succession, under which a legal person formed through a merger of legal persons and/or commercial companies or partnerships, or a legal person taking over a legal person or commercial company or partnership, enters into all of the […]

Division

Legal succession The Tax Ordinance provides for universal succession in the event of division of a legal person if the assets assumed as a result of the division (and in the case of a division by split-off, also the assets of the divided legal person) […]

Conversion

Legal succession The Tax Ordinance provides for universal succession, under which a converted company enters into all the rights and obligations of the entity in its previous legal form provided under tax law, including rights and obligations arising out of decisions issued under tax regulations. […]