Tag: Redemption of shares

Poland vs M.P. sp. z o.o., March 2022, Administrative Court, Case No I SA/Bd 30/22

Poland vs M.P. sp. z o.o., March 2022, Administrative Court, Case No I SA/Bd 30/22

/ Administrative Court, Arm's Length Principle, Arm's length principle, Arm's Length Principle, Broad understanding of the notion of transaction, Controlled transactions, Decision in favor of taxpayer, Decision on interpretation of rule, Definition of transaction, Legal formality, Not a controlled transaction, Poland, Redemption of shares, Share repurchase, Shares and Dividends, Shares and Dividends
The Administrative Court found that a voluntary redemption of shares was not a controlled transaction covered by arm’s length provisions. A redemption is a corporation’s repurchase of all or a portion of the shares held by a shareholder at an amount not in excess of the amount stated in the articles or calculated according to a formula stated in the articles. A redemption of shares can only take place between a company and its shareholders. Hence, terms and pricing of the transaction cannot be determined based on unrelated transactions. The purpose of the redemption of shares is not to modify the amount of income achieved by the related parties by applying a non-arm’s length price. Click here for English Translation Click here for other translation Poland case I SA_Bd 30_22 - Wyrok WSA w Bydgoszczy z 2022-03-22 ... Read more