The complexity of the Polish tax system, its frequent changes, and the discrepancies that arise with regard to its interpretation are material, measurable risk factors affecting the business activities of all taxpayers in Poland. When a tax inspection is carried out, it often leads to a dispute with the tax authorities, which is why tax advice is such an integral component of the legal services offered by Greenberg Traurig in Poland. Our office applies a broad, multifaceted approach to providing legal advice, based on the observation that legal analysis should always go hand-in-hand with understanding the tax implications involved. This approach enables us to recommend legal strategies which incorporate tax planning. Clients who opt for complex legal advice, including tax advice, may save considerable time and money in their transactions. By including tax advice at the start, as well as throughout the course of our legal work during a given transaction, we are able to avoid unnecessary changes that arise very frequently if tax issues are not given due consideration at the appropriate time.
In our contact with tax authority representatives, we, first and foremost, focus on convincing them as to the validity of a client’s position without the need for a lengthy dispute. In those cases where a dispute is inevitable, we represent our clients before tax authorities and administrative courts.
As part of the tax advisory services offered by our office, we:
- analyze and optimize the tax implications of transactions involving the sale/purchase of shares and other assets, the issuance of shares and debt securities on Polish and international capital markets, public tender offers, buy-outs, investment funds, credit financing, private equity investment, restructuring and enterprise mergers, and spin-offs;
- develop new methods for structuring transactions, including transactions involving foreign entity participation, with the aim of minimizing taxation at the enterprise level, generating tax benefits/profits and deferring profits subject to taxation;
- provide advice related to creating enterprises, and their operation and restructuring. In particular, we advise foreign corporations by developing structures for their activities in Poland that minimize related tax burdens and eliminate taxation in more than one jurisdiction. We also indicate which business structure is the most efficient from a tax perspective, as well as in terms of employing Polish citizens and foreigners working in Poland;
- assist in drafting of issue prospectuses;
- conduct tax audits as part of the due diligence analysis of the object the transaction; and
- represent taxpayers before tax authorities and administrative courts in the course of tax inspections, in disputed matters and in matters regarding binding tax rulings.