Europe

The Provincial Administrative Court (WSA) in Warsaw confirmed that the tax cost of shares acquired through a share-for-share exchange is the nominal value of the shares surrendered, not their issue price. This ruling affects corporate reorganizations and the calculation of taxable gains on subsequent disposal. The decision aligns with a literal interpretation of the CIT

The WSA in Gliwice upheld a restrictive interpretation of the real estate ratio under Article 3(3)(4) of the CIT Act. The ratio determines the portion of financing costs deductible for companies with significant real estate assets. The court affirmed that the calculation must follow strict statutory formulas, limiting the ability to adjust for specific asset

The Supreme Administrative Court ruled that taxpayers are entitled to statutory interest on tax overpayments resulting from reliance on an individual tax ruling later deemed flawed. The decision reinforces taxpayer protection under the Tax Ordinance, which was recently amended to strengthen such rights. The ruling clarifies that the tax authority bears the risk of erroneous