Invest in Poland Madejczyk Kancelaria Prawna sp. k.

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Invest in Poland Madejczyk Kancelaria Prawna sp. k.

Dane kontaktowe, mapa i wskazówki, formularz kontaktowy, godziny otwarcia, usługi, oceny, zdjęcia, filmy i ogłoszenia od Invest in Poland Madejczyk Kancelaria Prawna sp. k., Konsultant biznesowy, Ulica Tymienieckiego 20, Łódź.

27/02/2025

📢 Company Division – What Does the Process Look Like? 🔍⚖️

🔹 Key Aspect – Pre-Division Analysis 🧐

Before proceeding with the division, analyze grants, licenses, contracts, and administrative decisions! 📜 As a result of the division, a new company is established based on a ZCP (Organized Part of an Enterprise), and some rights may transfer automatically. But be careful! In some cases, approval from authorities or business partners may be required for contract transfers. 🚨

🔹 Are We Dealing with a ZCP? ✅

If a part of the business meets the criteria of an Organized Part of an Enterprise (ZCP), the division may be tax-neutral 💰. However, each case requires individual analysis, and applying for a tax interpretation may be necessary. 📑

🔹 Check the Property Status 🏢

Does the division involve real estate? Pay special attention to agricultural land 🌾 and KOWR regulations – lack of approval may render the transaction invalid! ❌

🔹 What About Employees? 👥

A company division may involve transferring some employees to a new entity. This constitutes a transfer of part of the workplace, which entails specific obligations under labor law! 📋

💡 Company division is a complex process – thorough analysis is the key to success! 🔑

Read more: https://kancelariamadejczyk.biz/en/company-division-what-does-the-process-look-like/

25/02/2025

🍼 NEW RIGHTS FOR PARENTS OF PREMATURE BABIES! 🍼

📅 Starting March 19, 2025, changes to the Labor Code will introduce supplementary maternity leave for parents of premature babies!

👶 Up to 15 weeks of additional leave for parents:
🔹 Babies born before the 28th week of pregnancy or weighing ≤1000g – up to 15 weeks (1 week of leave for each week of hospitalization).
🔹 Babies born between the 28th and 36th week – up to 8 weeks (1:1 rule – 1 week of leave per week of hospitalization).
🔹 Babies born after the 37th week, requiring hospitalization – up to 8 weeks (if hospitalized for at least 2 consecutive days between the 5th and 28th day after birth).

📝 How to apply?
Submit a request to your employer along with a medical certificate confirming the week of pregnancy, birth weight, and hospitalization period.

💰 100% paid leave!
During supplementary maternity leave, parents will receive full maternity benefit.

📢 A huge support for parents who need more time with their little ones in the hospital! ❤️

🔗 Read more: https://kancelariamadejczyk.biz/en/supplementary-maternity-leave-for-parents-of-premature-babies/

24/02/2025

📢 ATTENTION! The sale of real estate by a foundation may be subject to a 25% CIT tax! 🏠💰

📌 If a family foundation initially plans to sell the acquired property, the income from such a transaction may be subject to 25% CIT, even if the sale occurs many years later.

📌 The interpretation by the Director of the National Tax Information clearly indicates that the purpose of acquiring the property is crucial. If the sole intent was resale, the foundation will not benefit from the tax exemption.

📌 It is essential to carefully analyze the investment strategy of a family foundation to avoid unexpected tax burdens.

🔎 More details in the interpretation: 0111-KDIB1-2.4010.700.2024.1.DK

💬 Read more: https://kancelariamadejczyk.biz/en/the-sale-of-real-estate-by-a-foundation-may-be-subject-to-a-25-tax/

13/02/2025

📢 FREE CREDIT SANCTION – IMPORTANT CJEU RULING! ⚖️💰

📅 On February 13, 2025, the Court of Justice of the European Union issued ruling C-472/23, which is crucial for both borrowers and lenders. Here are the key findings:

🔹 Must the lender include unfair terms in the APR?
✅ Yes! The lender is obliged to include the full cost of the loan, even if certain terms later turn out to be unfair and non-binding for the consumer.

🔹 Can loan-related fees change?
ℹ️ The consumer must be clearly informed about the rules governing fee changes. However, the CJEU notes that the indicators used for these changes (e.g., inflation, minimum wage) may be difficult to verify.

🔹 Does the severity of an information obligation breach affect the sanction?
⚠️ No! The CJEU ruled that national regulations may provide for a uniform sanction for failing to provide correct information, regardless of the severity of the breach.

📌 What does this mean for consumers?
➡️ Greater protection against unfair lender practices.
➡️ The possibility of benefiting from the free credit sanction in case of informational errors.

💬 Do you have any questions?
➡️ Feel free to contact us via email 📧 or through our website 🌐

📩 Email: [email protected]

Read more: https://kancelariamadejczyk.biz/en/free-credit-sanction-judgment-of-the-court-of-13-february-2025-c-472-23/

11/02/2025

📢 Key Issues Regarding the Free Loan Sanction Under Review by the Supreme Court – III CZP 3/25 📢

⚖️ What Questions Have Been Submitted to the Supreme Court?

📅 On January 22, 2025, the Supreme Court received key legal questions concerning the Free Loan Sanction (SKD):

🔹 When does the right to invoke SKD expire?
Should the one-year deadline for submitting a declaration be counted from the moment both parties fulfill the contract (i.e., full loan repayment) or only from the moment the lender disburses the funds?

🔹 Could banks charge interest on financed costs?
Was it permissible for interest to be charged not only on the loan amount paid out to the consumer but also on the portion allocated for fees and other non-interest costs?

🔹 Does an incorrect APR and total repayment amount automatically trigger SKD?
If a bank charged interest on financed costs and incorrectly stated the APR, should it expect the application of SKD?

📌 These questions are already under review by the Court of Justice of the EU!

📌 The CJEU ruling in case C-472/23 is set to be issued on February 13, 2025.

ℹ️ Decisions by the Supreme Court and CJEU could have a significant impact on both borrowers and banks!

🧐 Stay updated!

Read more: https://kancelariamadejczyk.biz/en/key-issues-regarding-the-free-loan-sanction-under-review-by-the-supreme-court-iii-czp-3-25/

10/02/2025

📢 Creditors' Interest in Restructuring ⚖️

🔹 Restructuring is not just an opportunity for debtors to avoid bankruptcy—it also has significant consequences for creditors.
🔹 PZU 2.0 (Arrangement Approval Procedure) provides quick protection for debtors against enforcement and contract termination.
🔹 Unfortunately, it is sometimes misused—for example, to manipulate claims and evade obligations.

🛡 How can creditors protect themselves?
✅ Filing a motion to revoke the effects of the announcement (fee: 30 PLN) 📄
✅ Requirement: At least two creditors must be harmed ⚠️
✅ The court assesses whether the debtor's protection is justified 🏛

⚖ The law protects both debtors and creditors!

💬 Have questions? Contact us!

We proudly announce that our colleague, Attorney Łukasz Klimczak, has published an article titled "Creditors' Interest in Restructuring" in Gazeta Rzeczpospolita! 🏛️

🔗 Read more: https://kancelariamadejczyk.biz/en/creditors-interest-in-restructuring/

06/02/2025

🧑‍🔬💡 R&D Tax Relief and Depreciation Deductions – Important Ruling by the Supreme Administrative Court! ⚖️🏭

Did you know that depreciation deductions on fixed assets created as part of R&D activities but not used in R&D are not considered eligible costs❓

🔹 On May 21, 2024, the Supreme Administrative Court confirmed that a company can classify depreciation deductions as eligible costs only if the fixed assets (e.g., pilot production lines) are or will be genuinely used in R&D activities.

🔹 The R&D tax relief allows businesses to reduce their taxable income by deducting R&D-related expenses, such as 💰 salaries, 🔬 equipment, 📄 patents, and consulting services.

📌 Do you own fixed assets related to R&D? Check if you qualify for the relief!

Read more: https://kancelariamadejczyk.biz/en/fixed-assets-created-in-rd-activities-and-the-right-to-tax-relief/

05/02/2025

📢 Spending KPO Funds and Public Procurement – What You Need to Know! 💰🏗️

💡 Funds from the National Recovery Plan (KPO) support various entities, including private entrepreneurs. Most funds are provided in the form of preferential loans, often with the option of partial loan forgiveness.

🔎 Do you need to follow public procurement rules?
✔️ If your entity is subject to the Public Procurement Law, you must organize tenders.
✔️ Private entrepreneurs follow the principle of competitiveness but are not required to conduct tenders.
⚠️ If more than 50% of the contract's value comes from public funds, it may fall under the category of subsidized procurement!

🏗️ Do KPO funds mean public financing of a contract?
💶 KPO funds come from the EU budget, but mainly in the form of loans, which do not automatically constitute public financing of a contract. Grants may fall under public procurement rules, so always analyze the financing method!

📢 Be aware of the regulations – avoid problems! 📜

Read more: https://kancelariamadejczyk.biz/en/expenditure-of-funds-from-the-national-recovery-plan-kpo-and-the-obligation-to-apply-public-procurement-by-private-entities/

03/02/2025

📢🔎 Our Expert for Business Insider! 🔎📢

📝 Complete Information for Consumers is Essential! Our Colleague from the Law Firm, Legal Counsel Anna Sobczyk, spoke to Business Insider about the free credit sanction and lenders' obligations towards consumers.

⚖️ CJEU RULES ON A KEY ISSUE REGARDING CREDIT AGREEMENTS
On January 23, 2025, the Court of Justice of the European Union (CJEU) issued a ruling in case C-677/23, which may significantly impact national banking practices. The Slovak court referred preliminary questions to the CJEU regarding:
✅ Must a consumer credit agreement clearly and explicitly state the duration of the contract?
✅ What information regarding the APR should the lender provide?

💰 WHAT DOES THIS MEAN FOR CONSUMERS?
➡️ Loan Repayment Term – The CJEU ruled that a contract does not need to explicitly state the dates "from–to," but it must allow consumers to determine this period without difficulty (e.g., through a repayment schedule).
➡️ Lender's Obligations Regarding APR – Banks must clearly specify the assumptions used to calculate the APR. Consumers should not be forced to search for this information within the contract.
➡️ Free Credit Sanction – If a bank fails to provide the required information in a clear and transparent manner, consumers may exercise their right to the free credit sanction under national regulations.

🔗 Read more: https://kancelariamadejczyk.biz/en/cjeu-clear-rules-for-apr-calculation-in-credit-agreements-are-crucial-for-consumers-cjeu-ruling-of-january-23-2025/

🔗 Business Insider Interview: https://businessinsider.com.pl/finanse/pelna-informacja-dla-konsumenta-to-podstawa-tsue-rozstrzygnie-o-darmowych-kredytach/61kztxw

27/01/2025

🚗💼 Does operating leasing constitute a tax scheme?

📢 The Minister of Finance has published the first general interpretation regarding the qualification of operating leasing agreements under tax scheme regulations (📄 General Interpretation No. DTS5.8092.4.2024, dated December 24, 2024).

🤔 Many lessors report tax scheme (MDR) information to the Head of the National Tax Administration, even for standard leasing agreements. Experts believe such actions may be unnecessary. Does the new interpretation clarify these doubts?

💡 Operating leasing – tax benefits:
✔️ Leasing installments can be included in tax-deductible costs.
✔️ Leasing allows faster cost deduction compared to a cash purchase.

⚠️ Should MDR be reported for leasing?
🔍 The details of the agreement and the client’s intentions are crucial. Standard leasing agreements do not always meet the "main benefit" criteria.

📌 Conclusion: The general interpretation serves as guidance, but the responsibility for evaluation lies with the taxpayer.

👉 Read more: https://kancelariamadejczyk.biz/en/does-operating-leasing-constitute-a-tax-scheme/

24/01/2025

📢 Change of SME Status and the Durability of EU Projects 🏗️💶

🔍 Durability Rule
EU projects must maintain their goals and conditions for 3 years (SMEs) or 5 years (others) from the final payment 📜.

⚠️ What risks violations?
🔸 Loss of SME status (e.g., due to share sales) 🏛️.
🔸 Relocation of activities outside the supported region 🚛.
🔸 Significant project changes.
🔸 Bankruptcy due to fraud.

📊 SME Status
✔️ < 250 employees, turnover ≤ 50M EUR, or balance sheet total ≤ 43M EUR 💰.
✔️ Status change requires exceeding thresholds for two consecutive years, except for ownership changes.

⚖️ Consequences
Lack of durability = partial return of funding 💼.

21/01/2025

📢 Should we fear the introduction of General Plans? 🏘️📜

📅 On September 24, 2023, an amendment to the Spatial Planning Act came into force. The reform requires municipalities to prepare new documents – General Plans.

🔍 What does this mean?
✅ General Plans will replace spatial development studies.
✅ They will define planning zones and condition the issuance of WZ decisions.
✅ Starting January 1, 2026, WZ decisions will be valid for only 5 years.
⚠️ No General Plan = no new WZ decisions.

📌 What will change?
🚜 Restrictions for agricultural land (classes I-III): construction only within 50 m of public roads.
📐 WZ decisions must comply with the General Plan and social infrastructure standards (e.g., school availability).

🤔 How to prepare?
🔹 Submit applications and participate in public consultations. 📝
🔹 Have investment plans? Obtain a WZ decision before the end of 2025! ⏳

💡 Act now – your property, your decisions!

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