Expert Groups

Tax Law Team

We possess a fixed reputation in the scope of legal and tax consultancy for entrepreneurs, with particular inclusion of restructuring processes (also transformation ones) and creating agreements with international organisations aiming at tax optimisation. We also offer consultancy and conducting of proceedings for private persons, especially related to income from undisclosed sources and shifting of tax liability onto third parties.

Services

We advise entrepreneurs in the following scope:

tax optimisation of restructuring and transformation processes, through, among other, the following:
- making of legal analysis in order to choose the most favourable variant,
- conducting the whole process together with the substantive team;
ongoing servicing, concluding, and supervising the realisation of agreements, including with the participation of foreign contracting parties in order to:
- establish a favourable, from the Client’s point of view, means of settlements and the place of service having an impact on the VAT rate,
- establishing of an optimum cost policy,
- protection of the applied customs rate and excise tax rate;
preparation of tax documentation for related entities;
tax optimisation of liability trade;
optimisation of the real estate tax and other local taxes and fees;
support in preparation of documentation related to transfer prices;
consultancy related to taxation issues using entities which have their seats in foreign tax jurisdictions;
representation in disputes with tax, customs, and tax control bodies, as well in the course of administrative proceedings and legal and administrative proceedings (Self-government Appeal Board, Provincial Administrative Court, Supreme Administrative Court).

We advise private persons especially in the scope of:

conducting tax proceedings related to income from undisclosed sources and shifting of liability for public and legal obligations of legal entities to members of the managing board (Social Insurance Institution, taxes);
optimisation of income obtained abroad;
representation in proceedings in the scope of social insurance;
supporting of ongoing penal proceedings and penal and tax proceedings (conducted by the Office’s Lawsuit Department).

Experience

We possess longstanding experience in rendering of tax services to business entities, including the region’s biggest companies and capital groups.

The Team’s experience includes in particular the following:

conducting and positive finalising in the latest period 5 cases related to attempting to shift tax liability by tax and pension bodies to the members of the managing board of a limited liability company and a physical culture association where in each case the value of the subject of dispute ranged each time from 500 thousand to 2 million zlotys;
conducting of optimisation transactions related to land immovable property with the use of a commercial law company, where the value of optimised income tax amounted to 5 million zlotys;
effective protection against upward adjustment of income of many taxpayers who run business activity in proceedings conducted by the Tax Control Office which enabled the recovery of undue paid VAT, excise tax, and duty imposed by Polish tax and customs bodies contrary to EU law.

Currently the value of the subjects of appeal in tax cases conducted by the Office exceeds the amount of 50 million zlotys.

Contact person:

Mariusz Orliński, Attorney at Law