On August 24, 2018, the Polish Ministry of Finance published a draft act amending the act on personal income tax, the act on corporate income tax. One of the proposed changes was the introduction of preferential taxation of income from intellectual property rights (the so-called “IP Box” or “Innovation Box” relief).

Innovation Box – IP Box allowances – were introduced to the Polish Personal Income Tax Act (“PIT”) and to the corporate income tax (“CIT”) as a preferential form of taxation (preferential taxation of earned income) for entrepreneurs obtaining income from commercialization of intellectual property rights. Qualified intellectual property rights are obtained after submitting an application to the appropriate body – then it is possible to take advantage of this relief.

IP Box has been implemented in other countries, including: the Netherlands, Great Britain, Ireland, Luxembourg.

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The scale of international investment in Poland in recent years

According to analyses, 2021 a record year in terms of the number and value of investments in Poland. From the beginning of the last year, 402 investment support decisions were issued. By analogy, in the same period last year this was a difference of 56%. The value of investments in 2021 was approximately 17.3 billion PLN, which is an increase of 14% compared to the whole of 2020.

Since the beginning of the Polish Investment Zone (which is an instrument thanks to which one can obtain tax relief for the realization of a new investment, which can be used throughout Poland, regardless of the size of the company. Such support is granted to companies from the industrial and modern services sector), 1209 decisions on investment support have already been issued. 2021 declarations accounted for 33% of the total and were declarations of over 9500 new workplaces.

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Refugees from Ukraine are starting to enter Polish labor market, which is suffering from a labor deficit. Employment agencies speak of a real boom in their services. There is already a recorded interest of 60% higher level in work enquiries comparing to the same period last year.

The most wanted are construction workers, highly specialized workers, such as welders, locksmiths, carpenters, workers for the production and operation of machinery. There is also great demand in services, trade, tourism and gastronomy, transport, logistics, e-commerce and accounting. Demand is therefore similar to the year before, but the deficit increased. This is due to the fact that the Polish economy is recovering from the pandemic.

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The EU has provided EUR 450 million (USD 503 million) for weapons, including air defence systems, anti-tank weapons, ammunition and other military equipment for the Ukrainian Armed Forces. A further EUR 50 million will be provided for fuel, bulletproof vests, helmets and first aid kits.

Since the EU Treaties do not allow the use of the EU budget for military purposes, the Community is introducing an instrument called the “European Peace Fund”, which allows the provision of military aid of up to EUR 5 billion.

The United States is also increasing its supplies and is providing an additional USD 350 million (EUR 313 million) in military aid, including Javelin anti-tank missiles, Stinger anti-aircraft missiles, small arms and ammunition.

FIGHTING JETS

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On 18 June 2021, the EDPB adopted internal document No. 04/2021 on the criteria for the territorial competence of supervisory authorities for the enforcement of Article 5(3) of the ePrivacy Directive.

Problem of territorial application

In view of recent decisions adopted by some SAs that are competent to enforce Article 5(3)
of the ePrivacy Directive[1], the EDPB has issued an Opinion aimed at establishing a uniform interpretation regulations of the territorial jurisdiction of SAs responsible for the enforcement of Article 5(3). Decisions adopted by SAs have shown that the territorial scope of application of the Directive may vary between different SAs, particularly where the controller/service provider is established in several Member States. Uncertainties on this issue could jeopardize decisions adopted by SAs across the Union.

Jurisprudence of the CJEU

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