The tax authorities are taking an increasingly strict approach to the sale of assets by family foundations. In recent months, they have refused to issue individual interpretations, citing the anti-tax avoidance clause.
What does it mean?
Taxpayers who want to secure the future sale of real estate, gold or virtual currencies contributed to the foundation must face a refusal to issue an interpretation. The tax office argues that it may be a matter of tax avoidance, and the sale of assets does not fit into the basic purpose of the foundation's existence, which is to arrange succession processes.
Izabela Żukowska, attorney at law at BTTP, comments:
"Instead of applying clear regulations, tax authorities abuse the law circumvention clause, leaving founders in a state of uncertainty. Such actions distort the idea of a family foundation and take away its tax stability."
Do family foundations actually lose tax protection? Full analysis available here: https://businessinsider.com.pl/prawo/podatki/sprzedaz-majatku-przez-fundacje-rodzinna-nowa-praktyka-fiskusa/f7zxz4v
