Amortyzacja jako narzędzie optymalizacji podatkowej

2016 ◽  
Vol 16 (3) ◽  
pp. 15
Author(s):  
Sonia Agnieszka Kozub-Skalska

The main goal of people conducting tax policy in an enterprise should be tax optimisation. It is commonly known that entrepreneurs can legally pay lower taxes using the possibilities offered by tax regulations. The use of tax optimisation allows reduction of tax burdens, and hence leads to improvements in financial results. The key, in this case, is to draw up an appropriate analysis and to create, on its basis, a tax strategy that will allow minimization of the debt burdens owned to the treasury, in a legal way. It is also important to minimize the risk associated with the use of certain approaches – the interpretation of existing laws needs to be verified by tax authorities, the  judiciary of  administrative courts (both WSA [Voivodship Administrative Court] and NSA [Supreme Administrative Court]) and the Constitutional Tribunal. The present article shows, in a practical way,  how tax risk managers can take advantage of depreciation as a tax optimisation tool. Depreciation generates tax-deductible costs which are usually equal to depreciation deductions. Tax advantages arising from the use of depreciation are the result of shaping the level of the taxable income. Therefore, the condition for an efficient tax costs management of an enterprise is tax depreciation planning


2021 ◽  
Vol 30 (1) ◽  
pp. 429
Author(s):  
Marzena Świstak

<p>The author agrees with the Supreme Administrative Court’s judgement that has been glossed. The mining support may be classified as a separate to post-mining pit retaining structure and is subjected to the property tax. In 2011, the Constitutional Tribunal issued an interpretative judgement which is of crucial importance for the practice of the taxation of post-mining pits. First and foremost, it resolved the fundamental dilemma concerning the post-mining pit, deciding that as such a post-mining pit does not constitute the subject of taxation. The situation is different in the case of infrastructure located in underground post-mining pits, e.g. mining support. The analysis of the most recent judicial decisions shows that the issue mentioned still provokes numerous difficulties. The gloss thoroughly analyses the latest judicial decisions of administrative courts through the prism of the negative consequences for the legal situation of taxpayers. Undoubtedly the necessity to carry out a proper amendment seems justified. Such an amendment would in a clear, unambiguous manner determine the legislator’s will in the area of the taxation of post-mining pits.</p>



De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Svetla Yankulova ◽  

The present article is a research on the administrative jurisdictions according to Bulgarian legislation. It analyses the Constitution of the Republic of Bulgaria, the practice of the Constitutional Court and the current legislation. The juridical features are pointed out and the need for such juridical bodies is discussed.



2016 ◽  
Vol 1 (1) ◽  
pp. 11-22
Author(s):  
Łukasz Karczyński

Abstract Due to financial crisis many entrepreneurs suffered heavy losses on currency options and forward contracts. Tax authorities tend to disallow deduction of those losses from the taxable income. Many cases ended up in administrative courts, resulting in judicature controversies on the issue in question. This paper is the first of four in a cycle. The aim of the whole cycle will be to analyze deeply these controversies and suggest the proper interpretation of the legal provisions, determining whether losses on currency options and forward contracts should or should not be regarded as tax-deductible expenses. The aim of this paper is to determine the scope of the problems to solve as well as to analyze the legal character of the loss on non-deliverable currency options and forward contracts. Therefore this legal character has been determined in the light of Polish corporate income tax act. What is more, the problems with the interpretation of these losses as indirect deductible expenses have been solved.



Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 126-137
Author(s):  
Anna Chmielarz-Grochal

The purpose of the article is to analyze how the Supreme Administrative Court implements the right of this court to apply to the Constitutional Tribunal, enshrined in the Constitution of the Republic of Poland, with a request to examine the constitutionality of the legal act applicable in a particular case. The emergence of this investigation is marked by a noticeable decrease in the number of requests submitted by administrative courts to investigate the constitutionality of a legal act, which encourages the investigation of the causes of this phenomenon. The prior application of the court for the constitutionality of a legal act encourages the analysis of a specific cooperation dialogue between the requesting court and the Constitutional Tribunal.



2020 ◽  
Vol 87 (4) ◽  
pp. 107-116
Author(s):  
N. B. Frolovа

Essential components of D. Trump’s tax reform and its impact on the income distribution and economic growth in U.S. are investigated. The analysis covers innovations in the system of income taxation of citizens (tax rate on income of physical persons, change in the composition of itemized and standard deductions from the taxable income, the alternative minimum income tax, limitations on the inheritance tax, and change in the mode of taxation of pass-through income). The essence of the trickle-down economic theory is explicated, with emphasizing its central role in tax policy development in the USA, which caused occurrence of common features specific to tax reforms over the last 40 years. The considerable attention is paid in this context to the experience of tax reform introduced by R. Reagan (1986); its comparative analysis with the tax reform of D. Trump shows that with respect to income taxation both are intended to provide incentives to business and reduce tax burden on the high income population strata. However, assessment of Reagan’s tax reform consequences shows that concentration of capital at the hands of businesses and high income population strata not only failed to increase employment and income, but aggravated the social and economic problems in the country, caused by revenue reduction in the American budget, the growing public debt and the enhanced social inequality in the American society. This gave experts grounds to expect an occurrence of the analogous scenario in the result of D. Trump’s tax reform. The article gives a series of short-term and medium-term projected estimates of international experts for budget losses and change in the structure of the population (household) income in US. Innovations in the system of income taxation of U.S. citizens are investigated by the results of analysis of legal norms concerning changes in the scale of tax rates and in the system of deductions from the taxable income. A number of critical comments are given about the income tax policy, based on summing up strong and weak points of the trickle-down economic theory. The most essential of them is that the policy granting more beneficial tax preferences to the well-off population strata, with their negative effects for the vertical justice of the tax burden distribution, contradicts to the ability-to-pay tax principle. Recommendations on potential testing of selected innovations on line of the taxation reform in Ukraine are given using results of the analysis.



2020 ◽  
Vol 6(161) ◽  
pp. 99-116
Author(s):  
Łukasz Kierznowski

The aim of the study is to compare the admissibility of suspending (and in fact — annulling, abandoning) already announced and commenced recruitment in higher education, as recently approved in the case law of administrative courts, with the requirements of the constitutional principle of protecting trust in the state and law and the second degree principles derived from it, as well as to demonstrate the effects on the legal position of the individual of the consolidation of such a position and its dissemination in university recruitment resolutions in connection with new statutory regulations in the area of law on higher education and science. The study makes use of the scientific literature on constitutional and administrative law, the jurisprudence of the Constitutional Tribunal and administrative courts, and, auxiliary, other sources.



2021 ◽  
Vol 23 (5) ◽  
pp. 526-539
Author(s):  
Marcin Wiącek

Abstract The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general, the “courts of cassation”, which means they may only control the legality of administrative decisions and may not determine the state of facts, nor replace administrative decisions by their judgments. Administrative courts are vested with the competence to apply the Constitution and they actively cooperate with the Constitutional Tribunal (in particular, by addressing ‘questions of law’ to the Tribunal). Secondly, the Author presents the scope of competence of the Commercial and Financial Chambers of the Supreme Administrative Court and considers selected legal problems in the administrative courts’ jurisprudence in commercial and financial cases.



2021 ◽  
Vol 26 (4) ◽  
pp. 37-51
Author(s):  
Artur Mudrecki

Abstract The principle of proportionality plays a key role in shaping the principles of the tax law system, as it is an important element in the protection of taxpayer’s rights. The interpretation directive related to the principle of proportionality has a doctrinal, normative, and jurisprudential character. It is an EU and constitutional standard and should become a rule used on a daily basis in the practice of tax authorities. As a general principle of tax law, it is addressed to the legislative, executive, and judicial authorities. The article analyses the case law of the CJEU, the Constitutional Tribunal and the Supreme Administrative Court, which leads to the following conclusions. The CJEU quite often refers to the principle of proportionality in its jurisprudence and has developed a jurisprudence doctrine based on the doctrine of law. The Constitutional Tribunal, although in a limited scope, also employs the principle of proportionality. In disputes between tax authorities and taxpayers, Polish administrative courts apply the principle of proportionality using a pro-EU and pro-constitutional interpretation.



Author(s):  
Beata Grodziska

Gmina w trójszczeblowej strukturze samorządowej pełni bardzo ważną funkcję. Wynika to przede wszystkim z faktu, iż jest ona usytuowana najbliżej mieszkańców. Niejednokrotnie zdarza się, że uchwały wydawane przez rady gmin są sprzeczne z ustawową regulacją. Bywa tak również w wypadku stanowienia prawa miejscowego odnoszącego się do kwestii sprawiania pochówku przez gminy. Pochówek jest interesującą kwestią, gdyż z natury rzeczy dotyczy on każdego człowieka. Konsekwencją tego jest obowiązek wydania przez organ stanowiący każdej gminy uchwały dotyczącej sprawienia przez gminę pochówku. Uchwała taka powinna być przede wszystkim zrozumiała, zgodna z ustawową regulacją, jak też precyzyjna w zawartych postanowieniach. W niniejszym artykule, mającym charakter prawno-empiryczny, zostało zestawionych dziesięć różnych uchwał dotyczących sprawienia pochówku przez wybrane gminy. W celu zapewnienia czytelnikowi przejrzystości odbioru poszczególne uchwały zestawiono w tabeli. Pochodzą one z różnych miejscowości, zarówno tych większych, jak i mniejszych. Różne są też daty ich wydania, co pozwala spojrzeć na analizowane zagadnienia z jeszcze większej perspektywy. Zestawienie pokazuje zarówno różnice, jak i podobieństwa, a także wskazuje na cechy szczególne określonych uchwał. Niejednokrotnie rozwiązania normatywne zastosowane w aktach prawa miejscowego poświęconych tym kwestiom są sprzeczne z ustawą. Czy wywołuje to ich nieważność? Do odpowiedzi na zadane pytanie posłużyło bogate orzecznictwo sądów administracyjnych, które wskazuje, że uchwały lokalnych prawodawców powinny w sposób wyczerpujący i niebudzący wątpliwości regulować określone dziedziny spraw. Conducting a burial by the commune in the light of the judicature of administrative courtsThe commune has a very i mportant function in the three-level self-government structure. This is mainly due to the fact that it is the closest to the residents. It often happens that resolutions issued by municipal councils are contrary to statutory regulations. This is also the case in the case of local law regarding the issue of burial by municipalities. Burial is an interesting issue because by nature it affects every human being. The consequence of this is the obligation for the governing body of each municipality to pass a resolution regarding its burial. Such a resolution should first of all be comprehensible and consistent with statutory regulation, as well as sufficiently precise in its provisions. In the present article, which is of legal and empirical character, 10 different resolutions concerning the burial of selected municipalities have been compiled. In order to provide the reader with transparent information, individual resolutions are listed in a table. It is based on data from different towns, both larger and smaller. There are also different dates of their release, which allows us to look at the analyzed issues from an even wider perspective. The list shows both differences and similarities, as well as points to specific features of specific resolutions. Often normative solutions applied in local law acts devoted to these issues are contrary to the general act. Does it make them invalid? The answer to the question asked was the rich jurisprudence of administrative courts, which indicates that the resolutions of local legislators should be characterized by a lack of gaps and therefore in a comprehensible and unambiguous way to regulate specific areas of the given affairs.



2018 ◽  
Vol 1 (10) ◽  
pp. 108
Author(s):  
Anita Puzule ◽  
Inguna Svika

In the changing economic situation of nowadays, flexible forms of employment become more popular, and a performer of economic activities is one of them. They have to face the inconstant tax policy of Latvia, be able to choose a payment regime from earned income, which is most suitable for them. The authors believe it is worthwhile to find out the opinions of performers of economics activities and to assess tax liabilities, which is an important requirement for the planning and development of their activities.   The goal of the research is to assess the taxable income regimes for performers of economic activities in Latvia and to find out their opinion on their satisfaction with the tax policy. The approaches of the research are: the monographic and descriptive methods, document analysis, logically construction, statistical analysis, and a sociological research method – a pilot survey. The research resulted in the assessment of taxable income regimes and their application in various situations. By conducting the pilot survey, it has been discovered that performers of economics activities find it difficult to understand standard regulations and accounting management; they lack comprehension of the importance of SSIMC and its advantage for the future. The calculations made by the authors show the amounts of the tax burden formed with each tax payment regime.



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