Regulations concerning VAT tax, corporate income tax and social security contributions are subject to frequent changes. The binding regulations are also unclear, which results in different opinions as to the legal interpretation of tax regulations. Tax settlements and other areas of activities (e.g. customs or foreign exchange issues) may be subject to inspections of authorities that are entitled to impose penalties, and any additional liabilities resulting from such inspections may be immediately payable.
Consequently, the amounts recognised and disclosed in financial statements may change in the future as a result of final decisions of tax inspection authorities.
The Polish General Tax Code comprises provisions applicable to the General Anti-Abuse Rule (‘GAAR’). GAAR is to prevent the establishment and use of artificial legal arrangements created in order to avoid payment of tax in Poland. GAAR defines tax avoidance as an act committed primarily to achieve a tax advantage contrary, in the given circumstances, with the subject and purpose of the provisions of the Tax Act. In accordance with GAAR, such act does not result in a tax advantage if the mode of operation is artificial. The above regulations will call for a much more insightful judgement when assessing tax implications of individual transactions.
The Group recognises and measures current and deferred income tax assets or liabilities in accordance with IAS 12 Income Taxes on the basis of taxable profit (loss), the tax base, unused tax losses, unused tax credits and tax rates, taking into account the evaluation of the uncertainty related to tax settlements.