Archives: Aktualności członków

GESSEL is proud to have advised Black Forest, an investment fund controlled by  Michał Sołowow, on its investment in Tikrow.

Tikrow, launched in late 2017, is a temp work agency and operator of a marketplace platform bringing together companies in search of flexible staffing solutions and individuals interested in working on a “per hour” basis. The platform offers individual users access to temping offers posted by registered companies, which she may accept depending on her own schedule and needs; upon completion of the task, remuneration is promptly wired to the specified account. This model has proved itself, in particular, in retail, catering, events and promotions, and in the hotel industry.

Thanks to the present investment by Black Forest, Tikrow will find it easier to develop its technological infrastructure while pursuing sales and marketing activities with a view to building up its presence – also at the international level.

GESSEL supported Black Forest in preparation and negotiation of the investment agreement and various corporate and technical documents as well as finalisation of the deal.

The GESSEL team supporting Black Forest was led by Maciej Kożuchowski, partner, with Michał Trociuk, senior associate supervising the transaction work. Karolina Krzal-Kwiatkowska, senior associate, Anna Haciuk, associate, Adam Kraszewski, managing associate, Marta Grabiec, senior associate, Inarda Bielińska, of counsel and Bartosz Kolarz, associate contributed.

“We are very happy to have had the opportunity to advise Black Forest on its investment in Tikrow, and we thank the fund for the trust which they put in us. Tikrow presents a fine example of an innovative business model within the global trend towards a sharing economy. Our firm’s knowledge and experience have served us well, enabling us to ensure a successful outcome.”

Maciej Kożuchowski

Partner

https://gessel.pl/en/news/gessel-advises-the-black-forest-fund-on-an-investment-in-tikrow/

GESSEL provided legal support in the complicated and time-consuming project of our Client, Polimex Mostostal, culminating in acquisition of a majority stake in Energomontaż – Północ Bełchatów, a specialised designer, producer and installer of steel structures, power generation devices and industrial operations.

GESSEL assisted Polimex Mostostal at all stages of the transaction, spanning formulation of the term sheet, drafting and negotiation of the transaction documentation, closing, and settlement; the deal required antitrust clearance from the Office of Competition and Consumer Protection.

The Polimex Mostostal corporate group is one of Poland’s largest engineering and construction companies. It builds specialised facilities, in Poland and internationally, for the energy, petrochemical, gas, environmental protection sectors as well as producing, processing and exporting steel structures. 

The GESSEL team working on this project was led by Maciej Kożuchowski, partner, with Michał Trociuk, senior associate supervising the transaction work. The due diligence was conducted by Magdalena Szeplik, managing associate, Michał Szutenbach, senior associate, Urszula Śleszycka, associate and Bartosz Kolarz, associate. This core team was complemented by Anna Haciuk, associate, Bernadeta Kasztelan-Świetlik, associate and Karolina Krzal-Kwiatkowska, senior associate.

https://gessel.pl/en/news/gessel-advises-polimex-mostostal-on-its-take-over/

Intragroup cost deductibility limitation under Article 15e of the CIT Act: Certain intragroup expenses incurred in 2018 and 2019 can be included in the tax deductible costs only if the APA application is submitted by the end of December 2019

We would like to inform you about the important date in order to save the costs of intragroup services and royalties for 2018 and 2019.  Please note that the bill of the Act on the settlement of disputes regarding double taxation and the conclusion of advance pricing agreements, through which the Ministry of Finance intends to introduce a number of changes in the rules for applying for an APA, was successfully voted through by the Senate.   As we have previously informed, the above mentioned act was initially planned to introduce the possibility of applying for a simplified APA, the purpose of which was to enable taxpayers to include costs of acquired intangible benefits in the tax deductible costs. Unfortunately, work on the simplified APA has been moved to a separate procedure, which significantly reduces the likelihood of introducing this instrument later this year. Assumptions about the alternative solution to reduce the negative effects of Article 15e of the CIT Act, which was announced by the Ministry of Finance, are also unknown.

As a result, those of you who incurred expenses in years 2018-2019 regarding services and royalties that are subject to limits of Article 15e of the CIT Act and were forced to exclude them from tax deductible costs in order to recognize these costs for tax purposes, should submit an application for a standard APA by the end of this year. 

Please note that regulations of Articles 109 and 124 of the Act on the settlement of disputes regarding double taxation and the conclusion of advance pricing agreements enable to exclude transactions from the limit provided in Article 15e of the CIT Act also in relation to the year preceding the year of application submission (i.e. both to 2018 and 2019), only if the APA application is submitted by 31 December 2019. This means that failure to submit an APA application in 2019 may irretrievably result in inability to include such expenses incurred in 2018-2019 in tax deductible costs.

We would like to draw your attention to the fact that covering a transaction by an APA is not only an opportunity for tax recognition of the costs of services, fees and receivables that are subject to limits of Article 15e of the CIT Act, but also gives tax security and an exemption from transfer pricing documentation obligations regarding transactions covered by the decision.

We will gladly answer any additional questions related to the procedure as well as present the available ways to minimize the administrative costs of the APA application process.

CRIDO transfer pricing team

Ewelina Stamblewska-Urbaniak | PARTNER | T: +48 22 324 57 34 | E: ewelina.stamblewska-urbaniak@crido.pl

Michał Szwed | PARTNER | T: +48 22 324 57 05| E: michal.szwed@crido.pl

Anna Wcisło | PARTNER | T: +48 22 324 59 76| E: anna.wcislo@crido.pl

The Polish-Swiss Chamber of Commerce has just concluded the 2^nd edition of the Human Capital Practices Survey prepared in cooperation with Boyden. There was a higher participation level of companies (approx. 60) than in the 1^st edition. On top of this, the current survey was divided into three sectors: manufacturing, sales and SSC/CEO/IT. It is worth noting that around 60% of Swiss companies manufacturing in Poland took part in the survey. Therefore, we are happy to present both general results as well as separate data for each of the three sectors.

The participating companies were asked about their practices regarding benefits, incentives and related areas such as employer branding, referral programs or internships. What is more, the companies shared (also anonymously) their data about current retention and planned vs. realized compensation growth.

As we already have history of data, we can observe some changes in trends on the labour market. Some interesting conclusions from this year’s report:

• The list of incentives is getting longer and more companies are active in this field. Even “exotic” incentives like yoga classes can be observed.   
• There is a common perception that employer branding is ever more important. However, only a minority of companies knows how to do it. In this respect, there are big differences between the three distinguished sectors.
• The rotation rate changed. Surprisingly, the rate recorded in manufacturing companies is close to that of the sales companies.
• During the last years, the realized average salary increase was higher than planned. The companies also shared their expected average salary increase for 2020. Still, their HQs may not be satisfied.

To sum up, it seems that labour market became more stable and predictable – we can expect less pressure on compensation growth and acquiring new talents will become feasible and easier. In general, the whole picture of HR practices seems to be more positive and predictable than last year.

If you are interested in finding out more, please contact Ola Taciak (at@swisschamber.pl).

 

The Rödl & Partner company has become a partner of the Women in Law foundation which supports and promotes women in the law industry. As part of the cooperation, Rödl & Partner will be the sponsor of the prize in the competition for students for the best master’s thesis, combining legal issues and new technologies, and will offer an internship to one of the winners.

The experts from Rödl & Partner will also participate in events organized by the Foundation and share their knowledge. Moreover, a joint mentoring and reverse mentoring program is planned to be run by experienced and distinguished lawyers.

On October 15, the conference “Women as the future of the law industry” was held and it inaugurated the Foundation’s activity. In the discussion panel “What will the future of the law industry be like?” led by journalist Paweł Rochowicz, the company Rödl & Partner was represented by Dr. Monika Behrens, who shared insights on the use of new technologies and the role of women in the law environment. This is a very important issue for Rödl & Partner – a company with a very high percentage of women in management positions, also at high-level.

The goals of the Women in Law Foundation are: promoting women in the law industry, promoting the idea of ??diversity and innovation, including new technologies in the law industry, education in the use of new technologies in the field of law and good practices on the law market.

Rödl & Partner is an international company that provides integrated professional services in the areas of: auditing, Business Process Outsourcing, tax consulting, legal advice, consulting, as well as cyber security and blockchain technology. Rödl & Partner is present in 50 countries in 111 offices. It has been successfully operating on the Polish market for over 25 years, advising companies from various industries and segments.

Surprise your co-workers with a sophisticated celebration at the Warsaw Marriott Hotel!

Organize a truly memorable party with a wonderful array of grandeur decorations and unique festive atmosphere.

Our team of hard-working elves will craft an offer tailored to your individual needs. Write your letter to Santa Claus today and receive complimentary warming cocktail for each of your guests.*

 

*Applies for all packages included in this brochure

and reservations made by 31 October 2019.

 

CONTACT US:

Telephone: +48 22 630 7888

E-mail: waw.ebc@marriott.com

Rödl & Partner has once again been recognized in several categories in the Polish Business Guide “Book of lists”. The company won first prize among accounting companies, maintaining this position unchanged for four consecutive years. It also noted a rise by one position compared to 2018 among tax advisory companies, taking second place. Another success is the third position in the category of audit companies.

In this year’s ranking of accounting companies, 19 accounting companies, 23 tax advisory companies and 14 audit companies were taken into account. The main criterion that determined the position in the ranking was the amount of revenue.

Liliane Preusser, Partner at Rödl & Partner responsible for the Business Process Outsourcing department comments on the results of the rankings: In our company everyone is equally important, we focus primarily on mutual respect and work in a team spirit. This approach translates into customer trust as well as professionalism and high quality of our services – not only at the substantive level, but also in building relationships and in everyday communication. The annual success in “Book of Lists” makes us particularly happy because it proves that it is also worth putting people in the center of business, not profit. The amount of revenue is a natural consequence of ensuring comfort and quality of cooperation.

It is also the result of a holistic approach to services provided based on their comprehensive and cross-border nature. Active customer support is an indispensable element of consulting, without which it is currently difficult to imagine successful cooperation. In the era of digitization, cybersecurity and new technologies are dynamically developing areas of business that a proactive account manager should take into account when offering consultancy services – adds Renata Kabas-Komorniczak, Partner responsible for the area of ??tax consultancy at Rödl & Partner. 

“Book of lists” is a guide to Polish business, containing annual rankings of the company assigned to eight sectors of the B2B type of economy: construction and real estate, finance, services for companies, transport and logistics, education, IT, tourism and travel, economy and industry.

Rödl & Partner is an international company that provides integrated professional services in the areas of: auditing, Business Process Outsourcing, tax consulting, legal advice, consulting, new technologies and cyber security. Rödl & Partner is present in 50 countries in 111 offices. It has been successfully operating on the Polish market for over 25 years, advising companies from various industries and segments.

Moreover, we invite you to read the company’s latest brochure “MDR Reporting in Practice“.

“MDR reporting in practice” – a brochure by Rödl & Partner experts

Specific examples of tax patterns and answers to the question of whether they are subject to reporting, as well as tips on forms, deadlines and information provided to tax administration authorities – these are the issues raised in the brochure “MDR Reporting in Practice”, which was prepared for entrepreneurs by Rödl & Partner experts.

The subject of reporting tax patterns (Mandatory Disclosure Rules – MDR) is currently widely commented on. Due to the lack of established practice, it can cause reporting difficulties, the main one in determining whether an activity should be reported to the tax office or whether it is not subject to reporting. It is worth reaching for a publication describing in an accessible way the steps that should be taken so that the MDR process runs in accordance with the requirements of the legislator.

The publication of Rödl & Partner specialists is a valuable source of knowledge for taxpayers and their advisers who are required to provide tax administration authorities with information considered to be a tax scheme.

You can download the free brochure directly from the Rödl & Partner website: http://www.roedl.net/pl/pl/publikacje/broszury/broszura_raportowanie_mdr_w_praktyce.html

On behalf of the Polonia Palace Hotel we warmly invite you to an exotic journey through Argentina’s flavours.

Hotel Polonia Palace together with the Embassy of Argentina and El Esteco prepared a menu which includes such specialties of Argentinian cuisine as empanadas, beef with salad, beef stew or breaded chicken. A glass of wine is included in every set.

The Argentinian Week will last from September 30^th till October 4^th. We cordially invite you to the lobby bar between 12:00 and 18:00.

The promotion is accompanied by an exhibition of Nora Iniesta, a contemporary Argentinian artist.

 

Dear Sir or Madam,

The Polish Labour Code has been amended effective 1 January 2019. Employers should adapt their in-house procedures to those changes not only to ensure compliance with the current legislation, but also to reassure employees that the company cares for them. After all, it is them who are the company’s key resource. We invite you to a meeting with a labour law expert who will present the most significant amendments:

The most important labour law amendments 2019

Please go to the event page for the detailed training agenda, including e.g. storing employee-related documentation and Employee Capital Plans (PPK).

The meeting will be held in the Polish language on 11/09/2019 in Gdansk, al. Grunwaldzka 472B (Olivia Four).

The participation fee is PLN 200 + 23% VAT per person / PLN 100 + 23% VAT per person (Clients of Rödl & Partner).

Registration till 09/09/2019 via our website.

Please note that the number of participants is limited and you are not registered until you receive an e-mail confirmation.