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Call-off stock (consignment warehouse) – benefits and practical issues; a method for suspending VAT taxation under Polish and EU law

Publication date: September 10, 2025

The international transport of goods is subject to numerous regulations. A key issue in this context is the taxation of transport. Businesses are increasingly using the consignment warehouse method, also known as call-off stock, due to its cost-effectiveness and convenience. This method became even more popular in 2020, when EU regulations came into force exempting contractors from VAT in certain aspects.

1. NATURE AND IMPLEMENTATION OF EU REGULATIONS

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Tax Carousel Fraud – missing trader fraud – Polish and EU legal aspects

Publication date: August 11, 2025

VAT crimes

The term “carousel fraud” refers to a characteristic scheme in which goods, after passing through a series of related entities, ultimately end up back at the original supplier. This mechanism allows perpetrators to conceal the actual transaction and generate undue tax benefits, most often by fraudulently obtaining VAT refunds or avoiding their payment. A key feature of VAT is its neutrality, so it should not impose an additional burden on taxpayers who do not consume the purchased goods or services but use them for business purposes. However, the structure of this tax makes it particularly vulnerable to abuse. In accordance with the principle of the free movement of goods, the supply of goods between European Union (EU) countries is subject to a 0% VAT rate. VAT carousels involve the use of complex transaction mechanisms embedded in the value added tax structure to avoid paying output tax or to unlawfully obtain a refund. These activities take the form of fictitious economic transactions, which involve the apparent movement of goods between entities located in different Member States. This can be very high, especially with relatively small financial outlays by the fraudsters, as the fraud involves goods that are repeatedly exported and returned to Poland.

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The importance of private opinions in civil litigation – Polish law perspective

Publication date: June 23, 2025

In court practice, we increasingly encounter situations in which parties present so-called private opinions – studies / memoranda / reviews / analyses prepared by specialists in a given field, but who are not court experts appointed in a specific case. This phenomenon has become particularly important in technically complex cases, e.g. in the field of construction, medicine, IT, accounting or real estate valuation.

Although they are not evidence within the meaning of the provisions of the Code of Civil Procedure, their role in civil proceedings is significant and multi-faceted.

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Overpayment of flat-rate CIT tax – recent crucial rulings of Polish Administrative Court

Publication date: June 18, 2025

What is the flat-rate tax.

Lump sum taxation of income is described in the Corporate Income Tax Act of 15 February 1992. According to Article 19 of the Polish CIT Act, the lump sum tax rate is 19% of the tax base, unless the Act provides otherwise. The Act also indicates that the dividend tax rate is 19% of the revenue (income) obtained.

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Implementation of the DAC 7 Directive into the Polish legal system

Publication date: June 18, 2025

DAC 7 Directive in the Polish legal system

The so-called DAC 7 Directive concerns the reporting of online trade. According to recital 20 of Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation, the purpose of the regulation is to prevent tax fraud, tax evasion and tax avoidance. This objective is to be achieved by requiring platform operators to report income obtained through digital platforms. In turn, recital 27 of this regulation indicates that the purpose is also to ensure legal certainty for controlled entities, so controls should be carried out in a previously agreed and coordinated manner. This directive was transposed into the Polish legal system on the basis of the amendment to the Act of 9 March 2017 on the exchange of tax information with other countries (Journal of Laws of 2024, item 1588, as amended).

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