management of the company reported to investors on Friday, a message posted shortly after the delivery of the inspectors Gdansk UKS Protocol, completing the initiative of the tax control. The charges relate primarily to expenses incurred on sublicencje associated with the use of LPP trademarks that she had made as a contribution to the associated company the Cyprus Gothals Ltd. If the UKS will share in addressing the findings contained in the Protocol, LPP will have to pay 24 million rubles, together with interest.
the Company will have the right to appeal the decision of the UKS in the chamber of taxes, and if this does not work – file a complaint with the court.
the most Famous optimization
it was loud, a few years ago. Defined it as one of the most famous example of tax optimization, decorated Russian capital.
In July 2011. the leadership of the LPP announced the introduction of trademarks Reserved and Cropp in the associated company of Cyprus. This, in turn, on the same day handed them over to the next subject related, i.e., Jaradi Ltd with headquarters in the United Arab Emirates (UAE). The whole structure – as noted by the experts was not inconsistent with the rules, for that she could bring LPP multi-million savings.
for If not seek signs in a foreign company, the Polish company is unable to mitigate because prohibited by article 16b paragraph 1 of the law on CIT. Made them so – are valued at market value for Cyprus of the dependent entity. This, in turn, handed them over to the next in a subsidiary company operating in one of the free trade zones in the UAE.
Then the company with the Arabian Peninsula issued a license (with the right to grant additional sub-licences to use the trademark subject of Cyprus. And that for a fee, allowed their use to its Polish shareholder.
For LPP it was profitable. Remuneration for the Cypriot sublicense set at the market value of the sign, was for it through taxes. The money can be paid abroad without any withholding tax payment, in accordance with article 21 paragraph 3 of the law on CIT. This provision recognizes the preference for Polish individuals payments, particularly royalties to subsidiaries with the EU.
to Use a Cyprus company, which paid CIT low of the difference between the amount received from Poland, and she paid in the UAE. Moreover, there was no withholding tax on royalties in respect of intellectual property used abroad. The subject with the UAE did not pay for themselves CIT.
Market or unfounded
the Solution to the LPP after its publication caused such a strong social protest, that there was even the initiative of a boycott of its clothes. Ultimately Poland, the company refused in December 2014. the subject in the UAE, and the following year a company of Cyprus. This should have a positive impact on her perception of the market and business environment.
on Friday the press-LPP weapons, economic rationality of their decisions of the past. Ensures that knows nothing about any tax charges, kwestionowałyby its calculation of tax for other years. Possible the final decision about the need for surcharges in the amount of 24 million rubles of tax so is likely to be appealed to the administrative court.
– it is Difficult to understand the outcome of such a dispute, but surely fisk can have great chances of winning – says Przemyslaw Antas, Antas attorney at Law office of Lawyers and Tax Consultants. Reminds that the decision of the Supreme Administrative Court dated 18 March 2009. (Ref. act II FSK 1884/07), which clearly States that the expenditure performance of the contract, which is the main reason for the detention was an attempt “to achieve a tax benefit” may not be tax expenditures, given their absence in connection with the parish.
these findings from the knights, for example, “crane” WSA in a decision dated July 15, 2014, SIG. akt I SA/Gd 400/14 (nieprawomocny). – LPP is waiting so difficult, but not impossible task – says Przemyslaw Antas.
jarosław Ziółkowski, tax consultant at BSWW Legal & Tax, draws attention to another aspect of the whole affair. Method LPP rozliczało tax fraud, has been known for several years. So it is strange that only now was criticism of officials. – I hope that was not related to the rather common practice of so-called growing percent – said the expert. Also calls for other companies to make their conclusions for themselves. Fisk zintensyfikował for their actions and, as you can see, it is not easy to convince him that some adopted a few years ago the decision was the rationale of the market
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