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2007 Changes in law on tax on civil law transactions

The Law from 16 th November 2006 changing heritage and donations tax law and tax on civil law transactions (Dz.U. nr 222, poz. 1629) introduces a lot of changes to regulations concerning tax on civil law transactions. Below you will find the most interesting changes (coming into effect from 1st January 2007)

    1. Actions excluded from taxation of tax on civil law transactions (hereinafter referred to as "pcc"):
      • agreement of annuity,
      • marriage settlements.
    2. Actions exempted from taxation of pcc:
      • lent money will be paid into borrower's bank account or SKOK account or sent by post and
      • the borrower will submit a proper tax return form (PCC) in the Inland Revenue within 14 days from the date of loan,
      • loans between parties not belonging to the I tax group - with limit of amount of loan: 5.000 PLN from one lender and 25.000 PLN from more than one lender (limits concern loans from last 3 years).
      • loans between members of the I tax group (spouse, children, grandchildren, great-grandchildren, parents, grandparents, great-grandparents, stepson, stepdaughter, son-in-law, daughter-in-law, siblings, stepfather, stepmother, father-in-law, mother-in-law)

      CAUTION - the above-mentioned loans are exempted from taxation on condition that:

    3. Subject to taxation with pcc - new group of transactions:
      • loans granted to a commercial company by its shareholders.
    4. Till now parties of civil law transactions shared joint and several liability for paying pcc. New regulations show which contracting party is responsible for paying pcc. For example:
      • in sale agreement - the buyer,
      • in exchange agreement - parties of agreement,
      • in agreement of donation - the endowed,
      • in loan agreement - the borrower,
      • in civil partnership agreement - partners,
      • in agreements of others partnerships (not civil partnership) - the partnership.
    5. CAUTION

A new sanction was introduced - 20% tax from loan agreement (and irregular deposit or irregular usufruct) if the pcc was not paid but tax-payer claims that such agreement has been concluded.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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