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DZP has represented clients from the light industry in a dispute with the tax authorities. The dispute concerned the tax consequences of restructuring activities carried out in the first half of 2016 related to the sale of shares in a capital company by its shareholders. The total amount of the shareholders' tax arrears was almost PLN 10.5 million (excluding interest).
Our clients, who are shareholders in a capital company, carried out a business restructuring in several stages, which included an exchange of shares between domestic entities. All the elements of the restructuring were implemented before 15 July 2016, when the anti-tax avoidance rules (GAAR) came into effect.
Thanks to the measures taken by DZP, the tax authority twice overturned its own first-instance decisions, the second time discontinuing the proceedings in the case. The authority upheld the allegations raised in the appeal and their grounds in full. It thus confirmed that the transfer pricing regulations in force on the transaction date did not allow its tax consequences to be challenged, as they could not be applied as a so-called narrow anti-avoidance clause. The decision is final.
The client was supported throughout the case by Joanna Wierzejska and Artur Nowak, Co-managing Tax Practice Partners, Paweł Suchocki, Senior Tax Manager, and Adrian Gurec, Tax Manager.
During the proceedings, the tax authority tried to challenge the restructuring using several different tools:
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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