Category: Bez kategorii

The recently announced results of the ITR World Tax and ITR World TP 2025 rankings have brought us distinctions in three categories:

• General Corporate Tax
• Transfer Pricing
• Tax Controversy

 

What’s more, the ITR World Tax 2025 ranking also recognized the individual expertise demonstrated by our specialists throughout their projects – in the General Corporate Tax and Tax Controversy categories.

• Sylwia Kulczycka, ACCA (Partner & Tax Advisor) – Woman in Tax Leader, Highly Regarded, General Corporate Tax
• Aleksandra Bońkowska (Partner & Tax Advisor) – Notable Practitioner, General Corporate Tax
• Karolina Mazurkiewicz-Grzybowska (Senior Manager & Tax Advisor) – Rising Star, General Corporate Tax
• Dominik Niewadzi (Senior Manager & Tax Advisor) – Rising Star, Tax Controversy
• Łukasz Kalisz (Manager, Tax Advisor, Advocate) – Rising Star, General Corporate Tax

 

We congratulate our tax teams, as well as each individual recognized, for this incredibly valuable acknowledgment of their work. You’ve got the power!

We know that behind every success are amazing people and their hard work. We also know that moments like these inspire us to aim for the stars and set even more ambitious goals, so we wish you many more great projects to work on ALTOgether.

We also want to thank our Clients for their trust and continued support, and the entire ALTO team for their unwavering commitment

Even as summer draws to a close, we can confidently say it has been an exceptionally dynamic period at ALTO, marked by numerous changes. In July, we welcomed Tomasz Wagner as a Partner. Tomasz is a tax advisor with 17 years of professional experience, gained at an international consulting firm.

Tomasz will spearhead the development of our advisory services in the area of indirect taxes and will primarily assist ALTO’s clients with matters related to VAT, including the international trade of goods. Additionally, he will provide expertise on issues where tax and para-tax regulations intersect with sustainability and ESG topics.

„I thrive on tackling advisory challenges in areas subject to tax and legislative changes, particularly those related to environmental and ecological topics. Given my strong focus on the circular economy, I have recently dedicated significant attention to the food production sector, retail/FMCG industry, as well as packaging and recycling. This focus is driven by the upcoming regulations that will soon introduce a deposit return system in Poland, providing a conscious advisor with substantial opportunities to support businesses, extending well beyond tax implications alone.

I believe a good tax advisor also serves as a business consultant, guiding clients through challenges in legislative, compliance, and reporting areas. It is only through comprehensive business care that we become true partners for those responsible for finance and key legal or tax matters within companies.

By joining ALTO, which provides integrated services across various business lines, including tax and ESG, I believe I will be able to fully leverage my expertise to support companies in both of these areas” – comments Tomasz Wagner, Partner & Tax Advisor

Tomasz has extensive experience in tax planning, VAT/cash flow management, and managing tax-related risks. He is also skilled in handling communications and disputes with tax authorities. Tomasz assists clients with VAT registration and compliance, as well as in securing individual tax rulings and binding rate information.

He offers advisory services for a wide range of domestic and international transactions, including intra-community trade, imports, exports, chain transactions, and turnkey projects.

„Tomek’s addition to our team represents a significant step forward in the growth of our company and the strengthening of two key business lines. While indirect taxes have long been part of ALTO’s services, integrating them with environmental issues will enable us to offer products tailored to the needs of modern, conscious businesses. Having firsthand knowledge of Tomek’s expertise, I am confident that he will not only help expand our service portfolio to include the increasingly important area of environmental matters but also enhance our existing solutions with his multidisciplinary approach, drawing on knowledge from various fields” – comments Kamil Lewandowski, Chief Growth Officer.

Many new legislative measures, such as the plastic tax, the SUP directive, and the Carbon Border Adjustment Mechanism (CBAM), fall within Tomasz’s expertise and are harmonized at the EU level. Consulting in these areas can be of great importance for companies across various industries.

The concept of a circular economy, which is increasingly relevant for beverage producers, will gradually extend to other manufacturing sectors, especially in light of the growing focus on Extended Producer Responsibility. ALTO clients can rest assured that their advisors will incorporate these considerations, providing them with the confidence needed for planning actions, investments, and making crucial decisions.

Having led the transfer pricing team at ALTO for more than three years, Aneta Grzyb, previously a Senior Manager, is an experienced tax and legal advisory specialist. As of July 2024, due to the dynamic growth of her team in recent years and in recognition of her consistency and efficient performance, she will take on the role of Partner in the company’s tax business line.

 

I am thrilled that three years ago, I chose to join such a dynamic company as ALTO, which is actively strengthening its position in the tax advisory market. I am proud of what we have accomplished together and optimistic about the future. With a team like mine and the resources that ALTO provides, I am confident that we can achieve remarkable things and elevate transfer pricing to a higher, global level – says Aneta Grzyb, Partner, Tax Advisor, Advocate.

Transfer pricing consultancy is not only an obligation for companies but also an opportunity to plan processes strategically and securely. Effective and consistent implementation of a well-defined strategy is the foundation for growth, especially in the long term, and regular review and adaptation to changing market and regulatory conditions is essential. This is why Aneta, together with the entire ALTO team, is constantly working to provide the best possible support and security for clients in this rapidly evolving regulatory and business environment.

 

Sounds like mission impossible? Sometimes it is, but our Tax Litigation team proves every day that there are no impossible things for them. The team is led by two experienced managers: Łukasz Kalisz (Advocate & Tax Advisor) and Dominik Niewadzi (Tax Advisor) supported by four consultants: Maciej Matłok, Marek Kortala, Marcin Gliszczyński and Maksymilian Skurzak.

 

 

Tax Litigation – what does it actually mean?

The wide-ranging tax inspections and disputes handled by our Team include not only impressive litigation, but also more mundane tax or ZUS contribution inspections, enforcement and security proceedings, and the not-so-pleasant ones involving fiscal criminal liability. It is also the recovery of often spectacular, multi-million (!) amounts of tax that, for various reasons, has been overpaid. Sometimes this also involves a struggle on the subject of incorrectly imposed, multi-million dollar penalties. As the authorities’ practice varies and is not always uniform, in case of doubts as to the correct model of proceedings, the team often also supports the clients of ALTO in obtaining individual interpretations or precautionary opinions, which are of considerable importance in case of possible difficulties later on.

It is also no less important to prevent disputes that are difficult to foresee – it is not uncommon for a client to seek support while still needing to secure their position for the future. Although the situation encountered is not always ideal, with the right approach and knowledge, our experts find solutions to positively influence the client’s situation and take arguments out of the authority’s hands in the event of a future audit or dispute.

 

Thinking outside the box in practice

However, if a dispute with an authority does arise, ALTO’s Tax Litigation Team represents clients in the course of inspections, court and administrative proceedings, often breaking the – seemingly already established – unfavourable to taxpayers line of jurisprudence or interpretation. They often contribute to its establishment in precedent-setting cases, when the regulations are new and the jurisprudence practice has not yet been developed at all. In such situations, years of procedural experience and the ability to think against the established patterns, “out-of-the-box”, pay off particularly clearly. This is all the more so as they often affect the situation of numerous and significant groups of taxpayers – from individuals to multinational corporations.

There is no shortage of examples, and we present some of the most interesting ones below.

 

• The first case study may be the representation of a client in a highly significant proceeding related to the limitation of costs of intangible services under Article 15e of the CIT Act. An unfavourable tax interpretation meant that the client was obliged to recognise at the ‘head office’ level the revenue of the affiliate company, while at the same time not being entitled to include all costs in the tax result. He was therefore effectively bearing the economic burden on the business presence in Poland. However, the out-of-the-box approach soon paid off. While not questioning the approach of qualifying the separate company as a permanent establishment, our team demonstrated that limiting the services purchased from it was completely out of place. The arguments, backed up by strong evidence, were so convincing that the overpayment was reimbursed by the authority without even having to get into a dispute. The team’s original conception and actions meant that, ultimately, the client’s business model in Poland proved to be economically viable.

 

• Although individual interpretations are intended to provide taxpayers with certainty that their actions will not be challenged, there do occur situations when the authorities deny their protective power. Sometimes this results not only in, for example, a refusal to refund tens of millions of excess VAT, but even in the imposition of sanctions amounting to several millions – in such a bizarre and at the same time difficult situation, expert support is necessary. In the case conducted by our team, the actions of the authority were already challenged at the level of the Voivodeship Administrative Court (WSA), and then confirmed at the stage of the Supreme Administrative Court (NSA), which dismissed the cassation appeal of the Director of the Tax Administration Chaber (IAS). The main conclusion is that, contrary to the practice of some authorities, there is, however, a certain limit to the requirements as to the description of the facts in the application for interpretation submitted by a taxpayer. Namely, it must indicate only what is relevant from the perspective of interpretation of the regulations, while in order to undermine the protective power of the interpretation, the authority should indicate specifically that a different description would actually contribute to a different legal assessment. In this case, our experts proved that this was not the case: thus, the authorities did not have any grounds to undermine the protective power of the interpretation.

 

• Criminal tax proceedings are only enjoyed by the tax authorities and some advisers – from the taxpayer’s perspective, there is nothing pleasant about them. One of the cases won by our experts proved that it is possible to counteract the widespread abuse of criminal law in tax cases, which is an unparalleled problem created by the Polish tax authorities. Indeed, these authorities very often initiated criminal proceedings in order to suspend the running of the tax limitation period without any specific reason. And the fact that the ALTO team obtained a favourable verdict in a case conducted for a client and forced the tax authority to admit to committing abuses shows that this type of negative phenomenon can and should be challenged.

 

• Is a taxpayer entitled to adjust the rate of VAT on consumer sales documented by receipts? According to the authorities – no. According to the Tax Litigation team – yes. The optimistic approach to the case resulted in the fact that at the level of proceedings before the Supreme Administrative Court (NSA), the argumentation of the authorities completely collapsed, and the Court agreed with us that there are no obstacles to taxpayers correcting the records of receipted sales. The ruling won by our team is in fact important not only for the client, but for all entities conducting retail sales. For in a situation where, for example, the applied VAT rate was too high, the authorities should not hinder them from exercising their right to correct the tax.

 

• Another of the landmark cases of recent years, in which the Tax Litigation team had the opportunity to demonstrate an out-of-the-box approach, was the support at the stage of the dispute before the tax authorities, as well as before the court, of companies that decided to jointly declare tax and concentrate within a tax capital group. However, an issue arose with regard to the settlement of tax losses – in principle, it can be settled within five consecutive years. However, this law has been challenged by the Polish tax authorities. Fortunately for the client, and thanks to a pioneering argumentation based on a whole series of closely related steps – i.e. interpretation of the CIT Act, linguistic interpretation, systemic analysis and historical analysis of the legislation, combined with arguments concerning the prohibition of discrimination of taxpayers – the client’s claims were fully recognised by the court and the company recovered the overpayment. The judgment unequivocally confirmed an entitlement that groups had never been able to exercise before. And the settlement of previous years’ losses can result in significant savings!

 

Such examples could, of course, be multiplied. However, due to the often secretive and confidential nature of the cases conducted by our experts, it is difficult to boast about them on a daily basis. However, this does not change the fact that in a battle with the authorities, the taxpayer is not always at a losing position. With the support of not only qualified, but also out-of-the-box specialists at their side, even cases that seem to be lost in advance can be turned to the taxpayer’s advantage.

At ALTO, we support family-owned businesses, medium-sized companies as well as multinationals and large corporate groups daily. At the same time, we are aware that the results obtained have a direct impact not only on the situation of our clients, but often on the entire market and the position of thousands, if not millions of taxpayers. And even though tax proceedings or litigation often drag on for years, their conclusion is often very rewarding. To ensure that this is the case, in each instance we focus on a fully individualised approach to the matter and the most effective support from the earliest possible stages of support.

 

 

 

 

 

 

Sustainability and ESG, thanks to voluntary actions of companies as well as regulations, have become a permanent fixture in business reality – regardless of the sector and the specifics of the business. We are convinced that sustainability and ESG activities are not just regulations or a passing trend – they are an absolute necessity arising from an elementary responsibility.

That is why ALTO is expanding its offering by establishing a new business line fully dedicated to ESG topics, which will be headed by Ewa Solarz.

Ewa takes on the role of Managing Partner at ALTO and will be responsible for the development and operations of ALTO’s new business line focused on sustainability and ESG consulting. She will lead a team that will implement projects in this area for ALTO’s current and future clients. Ewa is a recognised expert in the field of sustainability and ESG, and prior to joining ALTO, she led a team implementing ESG advisory services in one of the Polish consulting companies. With her expertise, she has advised companies in various industries, including banking, insurance, pharmaceuticals, energy, oil and gas, transport, real estate and food. She has also supported the NGO sector. She has conducted numerous stakeholder dialogues and trainings on sustainability – mainly CSRD/ESRS regulations, responsible consumption, carbon footprint, social economics and others – and for many years also projects related to responsible consumption and social economics within the foundation she has established.

Why is ESG important?

The sustainable business development (ESG) pathway is inevitable both due to climate change and the direct impact on our environment and our future, as well as regulations bringing new responsibilities for business with great intensity.

The strong interest of investors, regulators and financial institutions in ESG issues is changing entrepreneurial realities. It is shifting the focus from purely economic issues to those related to sustainability – particularly concerning the environment and climate, but also corporate governance and social impact with a strong focus on human rights throughout value chains.

ESG advisory services

As part of our ESG consultancy at ALTO, we will support clients with, among other things, CSRD-compliant double materiality analysis, the development of sustainability statements (also resulting from SFDR requirements), the creation of ESG strategies, carbon footprint calculations and the development of SBTi-compliant decarbonisation strategies, as well as ongoing ESG support (in the form of outsourcing). We aim at creating value for our clients and making a lasting positive impact on the organisation internally and in its environment.

„I am very much looking forward to developing ALTO together. I hope that by combining ALTO’s organisational culture, its experience in cross-industry advisory with my expertise in sustainability and the drive to develop sustainable solutions for clients, we will have the opportunity to deliver top-quality services to a wide range of clients. I see great value and potential in the possibility to support the business in so-called cross projects, especially in the context of ESG, as well as the recently established Risk Advisory business line” – says Ewa Solarz, Managing Partner, ESG at ALTO.

„We are currently observing an immense interest from companies for support on sustainability topics. Many of them are already advanced in their ESG efforts. Even more are or will be taking their first steps in this area. Most will need advisory support – from initial reporting readiness analyses through strategies, decarbonisation activities, reporting in line with CSRD and other guidelines, etc. Regardless of the extent of support, our priority remains to deliver the highest quality service. At the same time, we at ALTO believe very strongly that we all need to take responsibility for the future – the future of our immediate environment as well as the one further afield – in both societal and environmental contexts. We are convinced that the corporate leaders should also be leaders of action in this key area. I am delighted that the ALTO team is ready to support them in achieving this” – adds Kamil Lewandowski, Chief Growth Oficer at ALTO.

 

 

The growing demand for transfer pricing services requires constant strengthening of the team as well. That is why Martyna Langa, holding extensive experience in the implementation of projects for major international and Polish capital groups, has joined the TP practice at ALTO as a Manager. On a daily basis, she particularly supports clients from industries such as FMCG, healthcare and wellness, as well as energy and real estate.

Martyna’s joining is an element of ALTO’s long-term strategy and an expression of continuous improvement and development of internal competencies. We are convinced that her knowledge and experience in the field of transfer pricing will contribute to strengthening our position on the market and enable us to even better support our clients in complex issues.

We are pleased to welcome a new member of the transfer pricing expert team. The constant expansion of internal competencies allows us to offer increasingly comprehensive and innovative solutions, which is crucial in a dynamically changing business environment.

„Martyna has an extensive experience in a wide range of international and non-standard projects, which fits our needs perfectly. Personally, Martyna’s joining to the TP team at ALTO is the best upward feedback and expression of trust for me, as we have already had the opportunity to work together for many years in another organization, achieving numerous successes” – comments  Aneta Grzyb, tax advisor and attorney-at-law, a leader of the Transfer Pricing team.

„Joining ALTO is a significant step for me in the development of my career in transfer pricing, which I have been working with since 2017. Both the company’s values and its development strategy are consistent with my understanding of the target workplace and were important to me from the perspective of making the decision to join ALTO. I especially appreciate that the team consists of really specialized experts from whom one can learn a lot, as well as experienced leaders. I believe that it is only by forming a properly aligned team that one can provide the highest quality services to clients. I have no doubt that this will be the case at ALTO, especially since Aneta and I have completed more than one project together in the past” – comments on her joining Martyna Langa, Manager in the TP team at ALTO.

 

 

Martyna has carried out numerous compliance projects over the course of her career – including preparation of benchmarking and transfer pricing analyses – restructuring, negotiation of prior pricing agreements (single and bilateral), as well as transfer pricing tax audits. She also participated in projects on auditing transfer pricing policies, as well as designing inter-group settlements.

She has been working in taxation since 2016, when she started her career at one of Warsaw’s tax law firms, and since 2017 she has been gaining experience in one of the so-called “Big Four” firms. Martyna graduated from “Quantitative Methods in Economics and Information Systems” at the Warsaw School of Economics and “Economics and Management” at NEOMA Business School.

Is it possible to talk about taxes in a relaxed atmosphere, tasting the finest selections of wines at the same time? Of course! But only at ALTO…

On one of the warm spring evenings, May 15th, 2024 to be exact, we had the pleasure of hosting our clients, business partners and friends at a unique event ALTO: Wine & Tax. Let’s talk business after hours ALTOgether at Concept 13 restaurant in the center of Warsaw. It was organized under the substantive patronage of ACCA Poland and the media patronage of Focus on Business.

During the first part of the event, a number of experts from ALTO, in a light-hearted format, discussed the hottest topics related to KSeF, JPK CIT reporting, minimal tax, withholding tax, tax credits, transfer pricing, real estate tax and changes in PIT and Social Security for executives, among others. Paweł Stasiaczyk from PROTECTO Brokers also joined the speakers’ panel, and Arkadiusz Lewandowski from Altera presented a technological solution to support corporate finances. The entire panel was moderated by Wiktor Doktór from ProProgressio and Aleksandra Bońkowska from ALTO.

The networking part, accompanied by a delicious buffet and a selection of fine wines, provided our guests with an opportunity to make new contacts and strengthen existing relationships. We were also entertained by live music performed by the jazz band The Spell, which made our event special yet again. Unofficial conversations lingered late into the night, covering a wide range of topics besides taxes.

We extend our heartfelt gratitude to all participants for your gracious presence and active engagement, which made this evening a resounding success! We hope to see you again soon.

Now let’s experience it again…

 

 

Poland is a key market for the development of the manufacturing industry, which is why once again, in cooperation with JLL, Hays and the Polish Investment and Trade Agency (PAIH), ALTO co-authored the report Made in Poland.

 

The Made in Poland report focuses on the industrial manufacturing sector.

Aspects of the business environment, labor market, legal and tax regulations were analyzed. In addition, grant opportunities and the benefits of public support programs were discussed. Trends in the real estate market were also presented, along with diversified acquisition and rental options.

The Made in Poland report describes the business benefits of Poland’s strategic geographic location in Europe. As a key node of the European transport network, Poland is steadily improving its roads and railroads, enabling connections to most European capitals. It is worth noting that in 2023, the combined throughput of Europe’s fifteen largest container ports reached 79.7 million TEUs (from January to September), with the port of Gdańsk accounting for 3% of this result. Poland also has the opportunity to benefit from the “New Silk Road” initiative, which connects Europe to China via a rail network, creating an opportunity to strengthen its role as a key distribution center for manufacturers from China and other Asian countries.

 

What kind of support investors can count on in Poland?

In 2023, Poland reached its highest-ever level of foreign investment, of which EUR 7.4 billion came from investments carried out with the professional support of the Polish Investment and Trade Agency.

Manufacturers investing in Poland have access to various forms of financial support from both domestic and European Union funds. These opportunities include attractive government grants and financing for low-carbon projects, EU co-financed programs, as well as tax breaks and exemptions dedicated to specific sectors.

Poland’s “Constitution for Business,” the regulations governing the management of businesses, creates a favorable environment for businessmen. The recent focus has been on compliance with EU law, digitization of legal acts and judicial processes. In addition, significant progress has been made in the area of e-administration. Poland’s tax system is being developed based on international standards, including OECD guidelines, and is characterized by dynamic digitization and standardized reporting, such as e-invoicing and SAF-T reporting. In addition, local tax law offers various incentives for innovators, and Poland has become one of the world leaders in the effective use of R&D tax credits.

 

„In recent years the government has had a great focus on digitalization and automation of tax compliance. This obviously brings some challenges for companies, but also gives more efficiency and value to their business in the long run” says Tobiasz Dolny, Partner & Tax Advisor, ALTO.

 

The premiere of the report took place on May 23rd, 2024 at the Press Center of the Polish Investment and Trade Agency. For those absent or willing to experience it again, we are publishing the recording below.

You can download the report here madeinpoland.report

 

 

The ALTO team is dedicated to continuously delivering greater value to our customers and ensuring that our services remain highly relevant in response to evolving business realities. To achieve this, we focus on both strengthening our existing competencies and building new ones.

As part of our strategy adopted in 2023, we are consequently expanding our range of services by establishing a new service line within ALTO – Risk Advisory. It will be led by Marcin Domagała, PhD.

Marcin Domagała is an experienced leader whose existing career has transitioned from the academic world to the business sector. From looping quantum gravity models and educating students, to modeling financial and insurance risks in financial institutions. His expertise is well-demonstrated in a number of completed projects related to Solvency II, IFRS 17, quantitative modeling of the impact of ESG risks on corporate finance, and mathematical modeling of financial risks including interest rate, credit, operational and inflation risks.

He is also professionally associated with the areas of data science and AI and is one of the few experts in quantum computing, both in its positive applications and the emerging quantum risks related to data security.

The team led by Marcin will support ALTO’s clients by providing technological tools and analyses to identify, measure and manage risk effectively. We will focus on building solutions tailored to industries and companies’ specific reporting standards – no matter how specific they might be.

„Risk Advisory is not only about new and unique competencies that will allow us to better support ALTO’s clients. The team led by Marcin also embodies our forward-thinking approach, paying close attention to the exponentially growing importance of technological solutions in business. This new venture, aligned with the strategy adopted last year, represents a crucial step in ALTO’s development. Last but not least, I can promise that this is not the end of new developments for ALTO – we will be announcing the opening of another service line in the coming weeks” – says Kamil Lewandowski, Chief Growth Officer at ALTO.

„A basic law of economics states that profit is a bonus for risk. Therefore, risk is present in all types of business. Success largely depends on the ability to identify, measure, and take appropriate mitigating measures. At Risk Advisory, we will assist our clients in modeling risk and ensuring compliance with all regulations. Analyzing client data enriched with external sources (3rd party data) will help better understand the sources of risk and spot potential opportunities. With our competence and experience, we will help companies and organizations adapt to the dynamically changing business environment” – comments Marcin Domagała, PhD, Managing Partner at Risk Advisory, ALTO.