The new amendment to the tax legislation, which introduced anti-avoidance applies to all types of taxes (excluding value added tax (VAT), which offers other provisions in order to prevent evasion of VAT). It prevents the taxpayer to obtain a tax benefit as a result of artificial transactions.
According to a draft legal transactions aimed at obtaining tax benefits, contrary to tax legislation should not result in a tax benefit.
The transaction is considered to be artificial if it is carried out by a taxpayer whose objectives are contrary to tax legislation. However, taxpayers have the right to use “fixing the opinion” to the Minister of Finance, which includes a description of the planned transactions and their economic objective in use. The Minister shall consider the application and decide whether the described transaction designed to evade tax.
The main objective of this innovation – is a multinational company which minimize their tax liability in Poland, through the application of measures of tax evasion.
Therefore, the Polish Government proposes duly documented business solutions and plan business considering the new amendments.