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Tax authorities closer to victory in split payment dispute with bankrupt companies

  • Juliane Kokott of the EU Court of Justice, stated that national regulations privileging tax authorities over other creditors of a bankrupt company with outstanding tax debts are in line with EU regulations
  • The final decision on split payment regulations is likely to be favorable for the Polish tax authorities, as judges often follow the recommendations of their spokespersons
  • The split payment mechanism involves dividing the payment for goods or services into the net amount for the seller and the VAT amount, which is then transferred to a special account supervised by the tax authorities
  • Taxpayers can use the funds in the special account to pay taxes, ZUS contributions, and other obligations listed in the banking law, but cannot freely transfer the money to another account without approval from the tax office
  • The issue of synchronization between tax and bankruptcy laws arises for companies that have declared bankruptcy, as the laws prioritize the interests of creditors and the state respectively in such cases.

Source: podatki.gazetaprawna.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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