Dentons Tax Day

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Dentons Tax Day

Dentons Tax Day

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Date and time:

Start: October 8, 2024, 9:00 AM CEST

End: October 8, 2024, 2:30 PM CEST

Location:
Dentons office (5th floor) Zajęcza 4
00-351 Warsaw
Poland

Registration has been completed.

We would like to invite you to the second edition of the Dentons Tax Day conference, organised by the Dentons Tax Team. Our annual event is a platform for the exchange of knowledge and experience between our experts, business representatives and academics in order to enhance skills and develop competencies in the field of taxation.

The Dentons conference features both substantive presentations and panel discussions covering highly relevant yet complex international and local tax topics. In particular, we will address topics such as the global minimum tax (Pillar 2) and its implementation in Poland, withholding tax (WHT) practice, the application of anti-abuse clauses, or important indirect tax and transfer pricing aspects.

Take a look at our short video summary on the first Dentons Tax Day 2023.

The detailed conference agenda can be found below.

Is this conference for you?

The Dentons Tax Day conference is aimed at anyone interested in or involved in tax and subsidy issues on a daily basis, in particular business owners, managers, directors and employees of finance, tax and legal departments.

Agenda of the conference
09:30	Conference opening Cezary Przygodzki, Partner, Head of Tax Team, Dentons
09:40-10:05	I. Withholding Tax (WHT) – latest position of tax authorities and courts, risk management methods Withholding tax rules are a highly controversial issue, resulting in numerous disputes with tax authorities, and tax practice in this area continues to evolve. At present, tax authorities have a very restrictive approach to assessing the conditions for preferential taxation and this is one of the main areas that are closely scrutinized in tax and customs inspections. During our presentation, we will review the trends in tax authority and administrative court case law and discuss key methods and strategies for managing tax risks in this area. Presented by: Dariusz Stolarek, Partner, Tax Team, Dentons Tomasz Krasowski, Managing Counsel, Tax Team, Dentons
10:05-10:30	II. Practical implications of the latest GAAR rulings National Tax Administration statistical data shows that 8 years after the introduction of the General Anti-Abuse Rule (GAAR), tax authorities (still) use this instrument quite sporadically. Nonetheless, some of the decisions issued under the GAAR regulations apply to solutions that are commonly used by a wide range of businesses. During our presentation (in addition to the afore-mentioned statistics), we will present selected examples of GAAR practice that we believe can be translated into business decisions – both whether and how to secure the solutions implemented in the past, as well as what direction to take in the future. Our examples will be aimed at helping to understand what the authorities and courts are guided by, and whether more general conclusions can be drawn that will be helpful in making business decisions. Presented by: Aleksandra Rutkowska, Counsel, Head of Tax Proceedings Practice, Tax Team, Dentons Aleksander Brzozowski, Senior Associate, Tax Team, Dentons
10:30-10:45	Coffee break
10:45-11:10	III. Transfer pricing and intragroup financing Transfer pricing has been one of the key areas of interest for tax authorities for several years, with financial transactions attracting particular attention during audits. While the level of remuneration (interest rate) is still the most frequently examined transaction parameter, other financing conditions such as the borrower's creditworthiness and interest payment terms are also subject to verification. Other financial transactions, including various types of collateral instruments (sureties, guarantees, pledges), are also gaining in importance. Part of the presentation will address real-life financing structures and practical issues related to intercompany financing. We will point out interrelationships between transactions and potentially risky situations that the taxpayer is likely to overlook, but that may prompt the tax authorities question the arm’s length nature of the transaction. Presented by: Dagmara Cisowska, Counsel, Head of Transfer Pricing Practice, Tax Team, Dentons Ewa Dziedzic-Lewandowska, Associate, Tax Team, Dentons
11:10-11:35	IV. VAT deduction and refunds VAT-payers have a fundamental right to deduct VAT and obtain a refund. The possibility of exercising this right is one of the principles of European Community VAT, i.e. the principle of neutrality. Although the rules on VAT deduction are contained directly in the Polish VAT Act and the EU Directive, the practice of the tax authorities suggests that the effective exercise of this right may face obstacles, for example, with the tax authorities claiming that the purchaser did not exercise due diligence. On the other hand, as far as VAT refunds are concerned, although the mechanisms for obtaining them seem simple, in practice taxpayers often find themselves in a situation where it is difficult to obtain the refund due even within the basic deadline. During the presentation on VAT, we will discuss tax deduction and refund mechanisms and practical aspects of their implementation. We will present interesting examples from the tax authority or administrative court practice, and consider what the future holds for VAT-payers in connection with the emerging trend of live reporting (of which National System of e-Invoices “KSeF” is an example). Presented by: Mateusz Machalski, Counsel, Tax Team, Dentons
11:35-11:50 a.m.	Coffee break
11:50-12:15 p.m.	V. Taxes vs. transactions and restructurings Taxation of business transactions and restructurings is one of the more complex matters on the tax front as it subject to constant changes (e.g. taxation rules were heavily revised by the Polish New Deal amendments) and conflicting interpretations. In many cases, tax regulations have also failed to keep pace with business practices and innovative solutions used in business (including cross-border) transactions. These changes in the law and problems with their interpretation, both in the tax authority and administrative court practice, create additional risks and challenges for taxpayers. During the presentation, we will focus on selected issues in this area and present practical ways of how to manage tax risks, including with the use of tax risk insurance. Presented by: Cezary Przygodzki, Partner, Head of the Tax team, Dentons Marcin Czajkowski, Counsel, Tax, Dentons
12:15-12:40 p.m.	VI. New equalization taxes: implementation of Pillar 2 in Poland As part of the implementation of the EU's Pillar 2 Directive, new equalization taxes will be levied in Poland from 2025. As a result, many Polish companies operating within large groups will be required to perform complex calculations to determine whether their group's effective tax rate in Poland is at least 15% and, if not, potentially pay additional tax to make up the difference. The new rules will therefore be crucial for companies within large groups that, for whatever reason, achieve an effective tax rate of less than 15% in Poland, including in particular the use of tax incentives to support investment and innovation, such as the tax exemption in the Polish Investment Zone or Special Economic Zones or the R&D tax credit. However, in many cases, the new tax burden can be significantly mitigated, including on the basis of assets or employment held in Poland, or because of the structure of the group. Part of our presentation will be devoted to discussing the new rules, obligations and risks of Pillar 2, their practical relevance for Polish companies and how taxpayers can effectively manage this area. Presented by: Dr Michał Bernat, Partner, Tax, Dentons
12:40-13:30 p.m.	VII. Discussion panel During the panel we will discuss the practical implications of the topics covered during the conference and the changes in Polish and international tax law, their impact on doing business in Poland and possible tax risk management strategies in this regard. We will also discuss future directions of the tax system and potential challenges for businesses.
13:30-14:30 p.m.	Lunch and networking

Organizational information

Participation in the meeting is free of charge, but registration is required.
The event will be conducted in Polish.
The organizer reserves the right to select applications, including in terms of the number of people from one company.
Attendance translates into training points required for continuing education obligations.
For questions about the event, please contact Iryna Svitelska, marketing & BD manager: iryna.svitelska@dentons.com