Hidden dividend – The Polish New Deal

Costs from related parties will not be allowed as tax costs. This will happen when these costs meet the statutory definition of the so-called “hidden dividend”. The Polish New Deal introduces so far unknown concept of “hidden dividend”. The act in art.16 sec. 1d indicates that certain costs constitute a “hidden dividend” if:

• the amount or timing of those costs is in any way dependent on the taxpayer making a profit or on the amount of that profit; or
• a prudent taxable person would not incur such costs or could incur lower costs in the case of comparable supplies performed by a person not connected, within the meaning of Article 11a(1)(3), with the taxable person, whereby in determining those costs the provisions of Articles 11c and 11d shall apply mutatis mutandis, or
• these costs include remuneration for the right to use assets which were owned or co-owned by a partner (shareholder) or an entity related to a partner (shareholder) before the creation of the taxpayer.

The provisions being introduced aim to end the practice of extracting profits from companies. However, if an entity makes a gross profit and the costs associated with transactions with related parties do not exceed its value, the provisions will not apply.

Related parties

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One World Trade Center – KG Legal’s new office in New York (International Branch)

KG Legal’s office in New York:
One World Trade Center, 85th Floor, New York, NY 10007, USA

KG LEGAL KIEŁTYKA GŁADKOWSKI has its address in New York, which allows direct contact and exchange of information with international Clients of the Polish law firm operating in Poland and investors from the United States, among others under the Istart1 program.

KG LEGAL KIELTYKA GLADKOWSKI has launched a new programme of accelerating international capabilities of our law firm. As a separate branch named iSTART1 (https://www.istart1.com), based in the Lower Manhattan at One World Trade Center, 85th Floor, New York, NY 10007, USA, we have differentiated our aim to develop our international legal assistance in two fields. There are two groups of our global services related therewith: on the one hand, there is transaction advisory assistance (we advise on the content of contracts, how to secure payments and the rules of international acquisition and merger of companies); and on the other hand, we offer investment advisory services. We promote cooperation between start ups and venture partners and assist in serving their transactions. These two types of services have one common goal in the form of acceleration of business (this is always the primary goal of our services).

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In January 2022 there have entered into force the provisions of the Polish law on special rules for the remuneration of persons performing tasks in the field of cyber security, which, among other things, provide for the creation of the Polish Cyber Security Fund, which will be used to finance salary supplements for persons engaged in cyber security.

HIGHER EARNINGS OF SPECIALISTS WORKING FOR MAJOR OFFICES IN POLAND

ICT benefit, which is a salary or emoluments allowance, is to be provided to persons performing tasks in a national level CSIRT; in cybersecurity authorities; persons who serve the Plenipotentiary for Cyber-security, as well as persons who perform tasks related to ensuring cyber-security in, among others, the Internal Security Agency, the Foreign Intelligence Agency, the Central Anti-Corruption Bureau, organizational units subordinate to the Prime Minister or to ministers, the Chancellery of the Prime Minister or in offices serving ministers, the Police or the State Protection Service.

The amount of remuneration for the work, including the ICT benefit, cannot exceed twenty-one times the base amount for members of the civil service corps specified in the Budget.

WHAT IS THE POLISH PUBLIC CYBER SECURITY FUND?

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On February 3, 2022 KIELTYKA GLADKOWSKI KG LEGAL will participate in the seminar organized by Proskauer on Nasdaq listings for European and Asian companies. The seminar will discuss the SEC process, disclosure requirements, corporate governance, ADRs and liability concerns.

The speaker will be Peter Castellon, Partner.

Due to large interest among our law firm’s clients in Nasdaq listing and related requirements, our corporate and regulatory team members will take advantage of the seminar by gaining practical information for our clients in relation to the listing process. The information will be of particular interest for KG Legal’s clients operating in technology and healthcare sector.

https://www.proskauerlive.com/42/6556/january-2022/invite.asp?sid=afd60cd3-411a-451d-aae4-dfb67ad449e5&utm_source=vuture&utm_medium=email&utm_campaign=20220203%20-%20first%20thursday%3a%20nasdaq%20listings%20for%20european%20and%20asian%20companies

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As the market for cryptocurrencies and crypto-assets is growing at a frenetic pace, last year there were many discussions in the European Union about the rules and regulations related to them. On September 24, 2020 the European Commission has issued an important project affecting the Market of Crypto-assets in the European Union, namely the Proposal for the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on Markets in Crypto-assets, and amending Directive (EU) 2019/1937.

What is the purpose of the proposal?

Due to the growing popularity of cryptocurrencies, there has occurred a need for increased regulatory scrutiny. There are different approaches to cryptocurrencies around the world regarding government regulations. The regulations in the new draft are designed to protect consumers from cyber-attacks, theft or malfunction on cryptocurrency exchanges. What is surprising – despite the emphasis on increased scrutiny and protection, the regulation does not mention a requirement for mandatory insurance against, for example, loss of assets due to fraud or cyber-attack.

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