Publication date: January 03, 2025
Binding force of general tax interpretation
A general tax interpretation is an institution regulated in the Polish tax ordinance of 29 August 1997. It is a legal instrument used by the Polish Ministry of Finance to explain tax law provisions to ensure their uniform application, prevent differences in interpretation and reduce the risk of many conflicting interpretations of tax regulations by tax authorities. A general tax interpretation may be issued ex officio or upon application, which, in accordance with paragraph 2 of Article 14 of the tax ordinance, should justify the need to issue an interpretation, i.e. contain a presentation of the issue and an indication of the tax law provisions that require interpretation and an indication that in the same legal situations there has been an inconsistent application of tax law provisions by tax authorities. An essential part of a general interpretation is to describe the issue in connection with which the interpretation is issued and to explain the scope and manner of application of the provisions in the aforementioned issue.
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Publication date: January 03, 2025
Dietary supplements with vitamins are subject to regulations contained in the Act of 25 August 2006 on food and nutrition safety. The definition of a dietary supplement is found in Article 3 of the aforementioned Act. A dietary supplement is a food product that is a source of vitamins or minerals or other nutrients, the purpose of which is to supplement the diet. A dietary supplement does not belong to the group of pharmaceutical products but to the group of food products.
In order for a dietary supplement to be placed on the market, it is not required to obtain a certificate. According to Article 29 of the Food and Nutrition Safety Act, the product must be reported to the Chief Sanitary Inspectorate (Polish GIS) at least 14 days before being placed on the market.
The certificates that a plant producing dietary supplements can obtain are the GMP and HACCP certificates.
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Publication date: January 03, 2025
Today, thanks to access to artificial intelligence, people can significantly speed up and streamline their work. Moreover, AI’s existence greatly facilitates work in fields where a person may lack knowledge or has only a very narrow understanding. Nowadays, anyone who inputs the right command into an AI program can generate texts, sounds, videos, or graphics. Whereas in the past, this required the professions of copywriters, film editors, or graphic designers, today their role is not as crucial. However, a question arises—who owns a work generated by AI? Is a text written by an advanced language model the intellectual property of the person who provided the prompt?
The Monkey Selfie
To explore this issue further, one should refer to the case of the famous “monkey selfie”, where similarities can be observed regarding authorship and intellectual property in situations where the traditional creator is not clearly defined. The “monkey selfie” case involved a photo taken by the macaque monkey Naruto, who accidentally pressed the shutter button of photographer David Slater’s camera. The photo quickly became popular online, and the issue of its copyright sparked a heated legal debate. Ultimately, the court ruled that copyright did not belong to the monkey, as animals cannot be subjects of copyright law, nor directly to the photographer, who was not the creator of the actual photo despite providing the equipment.
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Publication date: December 11, 2024
1. Introduction
The contemporary market of antique auctions is developing dynamically, which is influenced by online platforms, the growth of collecting and the development of the art market. Online auctions attract collectors and investors, but they also raise legal and tax problems related to the interpretation of VAT and the protection of copyright. Various items – from books to letters and manuscripts – are subject to different regulations, which introduces inconsistency in taxation, e.g. book publications have reduced VAT, and historical documents are taxed differently, which creates difficulties for auctioneers and buyers.
Another problem is fees, such as the hammer fee, added to the price and including VAT, while the lack of consistent rules for its calculation complicates the process. Speculative auctions are also a specific issue, which can lead to tax abuse. The aim of the analysis is to discuss key legal and tax issues on the antique auction market, indicate differences in taxation and challenges related to the hammer fee and speculative auctions, and also propose unification of regulations for greater transparency and consistency of regulations.
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Publication date: December 11, 2024
Poland, according to current data, is one of the fastest growing economies in Central and Eastern Europe. For years, it has attracted the attention of investors from all over the world. Its strategic geographical location, as well as membership in the European Union and the dynamically developing internal market make it an attractive place to invest your capital. However, the success of the investment depends not only on macroeconomic factors, but also on the legal and tax framework, which is the foundation for conducting business activity.
The aim of this article is to analyse the attractiveness of investing in Poland from a legal and tax perspective. It will discuss key legal aspects, such as the stability of the legal system and investor protection, as well as the tax system, including income taxes and available reliefs and incentives. Particular attention is also paid to the role of Special Economic Zones (SEZ) and the advantages that Poland offers compared to other countries.
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