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23 May 2022

Dziennik Gazeta Prawna: There is no PCC from goodwill

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Tax

An important judgment of the Supreme Administrative Court was passed regarding the positive value of the company and its taxation on PCC (tax on civil transactions).

The Supreme Administrative Court issued a judgment (Resolution of the Supreme Administrative Court of February 21, 2022, reference number III FPS 2/21) regarding whether the positive goodwill of the so-called goodwill is property law and should it be subject to PCC.

The judges decided that goodwill is not a property right, even though it has a financial dimension. Therefore, it should not be taxed with the tax on civil law transactions.

The decision of the Supreme Administrative Court for Dziennik Gazeta Prawna is commented on by our expert – Łukasz Kalisz, Senior Consultant, tax advisor, advocate at ALTO:

,,The Supreme Administrative Court rightly stated that positive goodwill does not constitute a property right. Although goodwill has a certain property dimension, its value can be determined in some way, it is also subject to depreciation for income tax purposes, but it cannot be a separate, independent subject of trade. The resolution of the Supreme Administrative Court was adopted in a specific administrative court case, but the conclusions resulting from its thesis and justification will have a wide impact on the interpretation of the provisions of the PCC Act. This decision is a very strong argument in favor of the correction of the declaration and recovery of tax overpayment. It can also be a premise for use in pending disputes with tax authorities.”

*** The full text of the article is available on podatki.gazetaprawna.pl

Źródło: https://podatki.gazetaprawna.pl/artykuly/8362617,pcc-od-goodwill-orzeczenie-nsa-dodatnia-wartosc-firmy-nie-jest-prawem-majatkowym.html

23 May 2022

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