Companies have good grounds for claiming reimbursement of any stamp duty they paid on loans received from shareholders in 2007-2008.
This follows a ruling by the District Administrative Court in Warsaw that loans to capital companies by shareholders should not be subject to stamp duty as this contravened EU law.
Stamp duty is an indirect tax on raising capital in Poland. When Poland joined the EU, loans from shareholders to capital companies were exempted from stamp duty; but the exemption was removed in 2007-2008.
The court ruled that EU regulations were aimed at eliminating stamp duty to support the free movement of capital within the EU. It pointed out that instability in Poland's laws on this issue was damaging to the economy.
Law: Verdict of the District Administrative Court in Warsaw dated 11 September 2009 (III SA/Wa 619/09)
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The original publication date for this article was 29/10/2009.