The publication contains an article by the patron Andrzej Dmowski, who considers the evolution of the model of taxation of restructuring events in income taxes. Restructuring processes and events are an important part of the legislation on income taxes.
The evolution of changes in taxes, in particular in corporate income tax and in personal income tax, is a consequence not only of the harmonisation of European law but also of the model of taxation of restructuring events. The key impact on the tax consequences of cross-border restructuring events was two Directives i.e.
Directive 2009/133 of 19 October 2009 on the common system of taxation applicable to mergers, divisions, divisions by separation, transfer of assets and exchange of shares concerning companies of different Member States and transfer of the registered office of an SE or SCE from one Member State to another Member State and Directive 2017/1132 – Directive 2017/1132 of 14 June 2017 on certain aspects of company law.
Mistakes and ambiguities in the implementation of the Directives have caused many interpretation disputes regarding the alleged principle of tax neutrality linked to the reorganisation of capital companies.
However, the key challenge facing Poland The legislator is a proper way of implementing changes in the admissibility of the common market in the Member States of the European Union two new restructuring events – tax neutral – i.e.
the cross-border division of a capital company to a newly established company in another EU country, and the cross-border transformation of a capital company resulting in a change of tax residence to another EU country, including adaptation of the legal form to the country's most similar new tax residence.
Directive 2019/2121 of 27 November 2019 amending Directive 2017/1132 with regard to cross-border transformation, merger and division of companies should be implemented by the EU Member States to local legal order at the latest by 31 January 2023 New opportunities may be the basis for Community freedoms (including freedom of establishment and movement of capital within the EU common market), or may be the basis for substantial tax abuses aimed at avoiding or avoiding taxation.
An important issue will be the adaptation of the exit tax to new opportunities for cross-border reallocation of assets and liabilities.
Free download: Free download: Income Taxation Concepts – Reflections on 30-Summer Income Tax from Physical Persons - ISP Modzelewski (isp-modzelewski.pl)