Representation of tax payers in tax proceedings

While representing our Clients in all kinds of fiscal proceedings we always remember that the effectiveness of undertaken actions has to be accompanied by the care to make it possible for the entrepreneur to run its current business in an undisturbed and stable way to the greatest possible extent. We provide thus assistance and advice at each stage of tax inspection and during the whole proceedings, we co-create argumentation provided to the fiscal administration with the Client, we prepare necessary expert’s and legal and tax opinions.

If needed, we represent our Clients in court and administrative proceedings run before Voivodship Administrative Courts and the Supreme Administrative Court.

Advisory in respect of indirect taxes

Since a longer period of time participants of the commercial trading are perfectly aware of the fact that the thesis according to which indirect taxes are no burden for entities running business activity is false. It is enough to point to the link between VAT with upholding financial liquidity or of the excise tax with competitiveness of offers of producers and distributors of excise products.

Being aware of these interdependencies we help our Clients evaluate tax implications of the transactions concluded by them, we provide current advice, analyse international commercial projects on the tax level, we draft, amend and provide opinions on commercial contracts, we represent entrepreneurs towards fiscal authorities, we obtain individual interpretations of the Minister of Finance for them.

Current tax advice

An important way of providing tax advice to Clients is current consulting. During long-lasting practice we have gained the knowledge and experience in respect of the whole tax system and practice of tax administration authorities. This knowledge combined with understanding of specifics of the commercial trading and the needs of its participants allows us to effectively support our Clients both in tax and commercial matters. The services rendered by us have a practical dimension in everyday business of entrepreneurs increasing the safety of actions undertaken by them, decreasing the taxation level and facilitating enterprise’s operation.

Litigation and commercial arbitration

We represent Clients within the scope of pre-court negotiations, court proceedings run by ordinary courts, the Supreme Court as well as commercial and sports arbitration(asset-related claims, disciplinary matters).

We manage litigation risk and advise whether it is purposeful to enter into a settlement or to reject settlement proposals. We negotiate the terms of such agreements securing their execution and also optimising tax implications.

Moreover, we represent our Clients in disputes with public administration at the stage of administrative proceedings as well as court and administrative proceedings run by Voivodship Administrative Courts and by the Supreme Administrative Court.

Criminal and commercial and criminal and fiscal matters

We represent Clients as counsels in criminal and commercial and criminal and fiscal matters. Besides that, we provide advice to individuals and legal entities harmed by a criminal act. Key issues dealt with by us in this area of our practice are among others:

  • criminal and criminal and fiscal liability of members of legal entities’ bodies,
  • economic inefficiency,
  • violation of creditors’ interests,
  • violation of business secret,
  • fraudulence,
  • manager bribery.

Corporate matters

Mandated by our Clients we also draft and negotiate articles of association. It also refers to internal shareholders’ agreements as well as joint-venture agreements.

We support our Clients in winding up companies.

We register branches and agencies of foreign entrepreneurs as well as foundations and associations.

We advise on matters connected with companies mergers as well as with sale and purchase of shares or enterprises. Mandated by our Clients we carry out legal and legal and tax due diligence.

Commercial contracts

Mandated by our Clients we draft and negotiate contracts, both in domestic as well as in international commercial trading.

Our priority is always to combine and weight against each other two issues: on the one hand the drive for Client’s business goal and on the other hand securing of its interests.

While drafting contracts we always keep tax issues in mind.

Real estates, construction investments

We offer a wide range of services concerning real estate law.

We advise at the stage of legal due diligence, sale transactions, lease, tenancy and others.

We run cases connected with structuring the legal condition of real estates. We represent Clients in reprivatisation matters (particularly in connection with the provisions of so called Bierut Decree), in respect of adverse possession, return of a real estate and similar issues.

We have a rich experience in obtaining permits for real estate purchase by foreigners.

We successfully run disputes concerning execution of claims under preliminary real estate purchase agreements.

We represent both transmission companies as well as owners of real estates encumbered with facilities built on them, e.g. serving transfer of power and pipelines.

We obtain for our Clients decisions on development conditions and construction permits.

We draft and negotiate all agreements connected with the construction process, including those concerning designing, execution, supervision, guarantee in the investment process, engineer function as well as development agreements and premises sale agreements.

We also prepare tender procedures in this respect.

Each transaction is analysed and optimised by us respect of tax implcations.

Copyrights

Within the scope of mandates concerning copyrights issues we secure interests of persons selling as well as purchasing copyrights. This concerns also all kinds of licence agreements and dependent rights.

We audit agreements applied by our Clients taking into account legal, industry and business issues.

Our specialists have a rich experience connected with negotiations a party of which are organisations of collective copyrights management.

A very important aspect of our interests remains tax optimising of copyrights trading.

The Law Firm cooperates on a regular basis with highly qualified patent attorneys – specialists knowing particular industries, dealing with matters concerning registration of patents, trademarks or utility patents.

Bankruptcy and restructuring

We provide legal advice both to debtors, creditors and official receivers.

We conduct on our Clients’ behalf matters connected with liquidation bankruptcy as well as arrangements with creditors drafting and negotiating their terms.

We actively support restructuring projects participants, both within the scope of court as well as out-of-court procedures.

We advise at the stage of bankruptcy request preparations.

We support members of management boards of capital companies in respect of their personal civil and criminal liability.

Tax planning and tax optimising (income taxes)

Regarding tough market competition and increasing fiscalisation of commercial trading it is natural to look for solutions optimising fiscal charges. A remedy for a too large amount of charges owed to the state is tax planning (the stage of undertaking’s preparation) and tax optimisation (execution stage). Within the scope of works of Law Firm’s tax department we propose to our Clients that business premises are shaped in such a way that it allows – within the scope of binding provisions – to minimise fiscal charges. While executing such mandates our priority is always the safety of our Clients. Thus, the proposed solutions serve reduction of paid taxes, and not avoiding paying them. Within the scope of rendered services we provide tax optimisation to entrepreneurs, among others in respect of conducted operational activity, personal income, dividends and profits from capital investments.

Individual Wealthy Client

Listening carefully to many of our Clients – people conducting business activity or managing companies – we created a service meeting their personal needs.

Our help in this respect concerns among others servicing transactions of purchase and sale of assets of substantial value (shares in companies, real properties etc.), issues connected with sensitive family matters, as well as taxes.

Our know-how and experience in respect of the Polish and international tax law allows us to offer Clients most effective solutions connected with optimising tax charges, reduction of the amount of paid taxes and recording the sources of the assets held. We also help to chose the most advantageous fiscal residency, we advise, how to allocate possessed assets safely, finally we develop tax-friendly investment strategies.

We also advise on providing safety to assets possessed by our Clients and their family.

While providing any services to Clients we remember about their safety. We also provide for the highest level of discretion. We attribute particular importance to establishing of long-term relations with a Client, based on trust and quality of our services.

Press law and personal legally protected interests

Our specialists advise on matters connected with press publications, including consulting of correction and answer issues, particularly from the viewpoint of possible violation of personal legally protected interests.

Within the scope of our practice we represent Clients in disputes concerning the issues in question.

Transfer prices

An area of particularly high risk are transactions carried out between affiliated entities. Watching over the years inspection proceedings conducted in this respect by fiscal authorities, their methodology, consequences of the discoveries compared with the extent of entrepreneur’s preparation we are convinced that a well construed argumentation provides for an effective shield in relations with tax administration. Within the scope of our services we prepare transfer prices records complying with binding requirements, identifying existing fiscal risks at the same time. Cooperating with the Client we agree the transfer price policy, including creating of a contractual framework setting general rules of cooperation between entities affiliated in domestic and international capital groups. If necessary, we collect and provide data concerning comparable transactions concluded according to market terms, we represent our Clients in the process of obtaining of a price pre-agreement. Most often after systematising of the records and creation of respective procedures Clients are able to document further transactions themselves making the result of their work subject to our review.

Personal data

We advise our Clients on issues of personal data collecting and processing. In particular we provide our opinion on rules according to which such an activity is conducted.

Our specialists have a rich experience in preparing applications for data collection registration to the Inspector General for the Protection of Personal Data.

We also advise on issues of appropriate securing of data and also prepare drafts of respective agreements as well as of permits and clauses required by law.

Employment

We advise our Clients on issues of broadly understood employment, including of sportsmen and authors, within the scope of day-to-day service as well as in non-standard situations (e.g. mass employment reduction).

Within the scope of individual labour law we draft and negotiate employment agreements, including these concluded with or by top managers. We prepare all kinds of by-laws, including labour and remuneration rules.

In respect of collective labour law we represent Clients in contacts with trade unions, we successfully negotiate collective labour agreements.

Besides that, we take care of smooth take-overs of employees, e.g. within the scope of undertakings mergers or other kinds of transformation.

We have a rich experience in the application of provisions regulating work time, including controversial ones, such as four-shift work system.

We support Clients, if there is a need to terminate or dissolve an employment contract, preparing a strategy in case of a possible lawsuit.

We successfully run matters concerning legalisation of foreign employees’ stay and employment.

With respect to legal services concerning employees’ matters we optimise foreign employees working in Poland as well as Poles working abroad from the tax point of view.