On 14 January 2020 Provincial Administrative Court in Warsaw in case III SA/Wa 1359/19 issued a judgment whereby it was repealed against the client Russell Bedford an individual interpretation.
The case concerned VAT exemptions for alternative investment fund management services and collective securities portfolios. The Director of National Tax Information considered that tax exemptions are granted only to activities that include the management of investment portfolios or risk management.
The taxpayer, who argued that the administration of an alternative investment fund should also be regarded as the management of an alternative investment fund, disagreed with this position. Such services shall be exempt from VAT if they are provided to investment funds.
In the case of alternative investment funds, the Director of National Tax Information has consistently denied the right to treat such activities as management and has consequently considered it an incorrect position that these activities should be exempt from VAT on the basis of Article 43(1)(12) VAT Act.
This position was not agreed by the Provincial Administrative Court in Warsaw, which repealed the contested individual interpretation by judgment.
The Court of First Instance indicated that this ruling was another judgment issued by the Provincial Administrative Court in Warsaw regarding VAT exemption for alternative investment fund management services. The court did not share the legal view of the Director of National Tax Information.
In the judgment of the court, the scope of the management of investment funds is so broad that it may also cover other activities directly related to the management of alternative investment funds. The Director of National Tax Information in this case was found to have incorrectly interpreted narrowingly.
0114-KDIP4-4012.8.2019.1.BS
Author: Mikołaj Stanisławski
From 2017 related to the firm Russell Bedford Poland. In 2007 graduated from the Faculty of Law and Administration of the University of Warsaw. In years 2008-2011 he made an attorney's application. From 2011 entered on the list of lawyers at the District Bar Council in Warsaw. In 2016 He graduated from the Postgraduate Tax Studies and Tax Law of the University of Warsaw. Specializes in tax and tax matters.