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IP CREATORS – TAX SOLUTIONS IN B2B AND EMPLOYMENT CONTRACTS – NEW GUIDELINES

Publication date: January 10, 2024

In selected industries, employees can only pay tax on 50% of their income – new rules in Poland

In the case of Polish employees – IP creators, such as software developers, architects or engineers, “creative employees” of foreign companies have the privilege of paying income tax at the level of 50%. The idea is to stimulate the need to accelerate the development of industrial property in Poland, and the incentive for this is the preferential method of paying lower taxes, the basis of which is only half of the salary. This means that the second half of the salary is not subject to income tax. Polish tax offices are increasingly actively monitoring Polish employment contracts in software and engineering professions. A properly created employment contract template guarantees the legality of such a solution.

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POLISH EMPLOYMENT LAW – UPDATE 2024

Publication date: January 09, 2024

KIELTYKA GLADKOWSKI KG LEGAL prepared a compilation of updates in Polish employment law – crucial from the perspective of cross border work and employment issues.

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LEGAL UPDATE – PLANNED LEGAL CHANGES IN WIND FARMS IN POLAND

Publication date: January 09, 2024

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The provisions of Polish and EU law on the recycling of lithium-ion batteries – the perspective of Polish and EU law.

Publication date: January 05, 2024

Based on Regulation 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020.

The development and production of batteries are Europe’s strategic goals in the clean energy transition. This is mainly due to the fact that they are also a key part of the European automotive sector, and transport is responsible for nearly a quarter of greenhouse gas emissions and is the main cause of air pollution in EU cities.

EU agencies believe that the more widespread use of electric vehicles will reduce greenhouse gas emissions and harmful emissions from transport. It is assumed that in the years 2020-2030 the number of electric vehicles in the EU will increase to at least 30 million (currently there are 3.1 million).

The Council and the European Parliament adopted Regulation 2023/1542 of 12 July 2023 on batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC. Previous regulations of the European Union (EU) covered only the stage of withdrawing batteries from use. The current regulations focus in particular on the management of used batteries.

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Criminal liability for business decisions in Poland. Tightening penalties for white collar crimes in Poland.

Publication date: January 03, 2024

On October 1, 2023, a controversial amendment to the Polish Penal Code entered into force. The changes introduced by it include, among others, tightening penalties for crimes listed in Chapter XXXVI of the Polish Penal Code (hereinafter referred to as the Penal Code), i.e. crimes against business transactions and property interests in civil law transactions. People holding important positions in companies should feel particularly at risk, because in their case the penalties will be much higher.

Penalties for white collar crimes.

Introduced together with the amendment to the Penal Code, Art. 306b of the Penal Code, creates new qualifying types for acts under Art. 296 § 1 or 2 of the Penal Code (abuse of trust in business transactions), Art. 296a § 1 or 4 of the Penal Code (economic bribery of the basic and qualified types), Art. 299 § 1, 2, 5 or 6 of the Penal Code (money laundering) or in Art. 303 § 1 of the Penal Code (unreliable and false economic documentation). These types are based on the amount of property involved in the crime or the amount of damage. And accordingly, in accordance with Art. 306b § 1 of the Penal Code, the qualifying mark is committing an act in relation to property with a value (or causing damage of a certain amount) greater than five times the amount determining the property of great value (PLN 5,000,000), while the qualifying mark under § 2 is the value greater than ten times the amount determining property of great value (PLN 10,000,000).

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