DMS TAX Sp. z o.o. al. Lipowa 32, 53-124 Wrocław +48 71 79 25 991

Cases that were resolved in the client’s favour.

The effectiveness of our consultancy services is best demonstrated by the results. Below are actual cases handled by DMS TAX – in which we defended our clients’ interests before administrative authorities and courts, and advised them on the correct course of action through tax opinions, securing tangible tax benefits and ensuring the security of their tax settlements. Each case is presented in an anonymised form, whilst respecting confidentiality.

Selected cases

Completed projects that have benefited the client

01
PIT · suspension of the limitation period for a tax liability

Successfully challenging the suspension of the limitation period and having tax decisions set aside

Successful overturning of tax decisions determining personal income tax liabilities for clients

WSA in Wrocław (2024) I SA/Wr 719/23, I SA/Wr 720/23, I SA/Wr 721/23 Read the case →
02
PIT · Sale of property

No PIT on the sale of property

The client received a favourable individual ruling confirming that no PIT is payable on the sale of his private property

Director of the National Tax Information Service (2020) 0112-KDIL3-3.4011.407.2019.4.AM Read the case →
03
Estonian corporation tax

The option to apply the Estonian CIT when more than 50 per cent of sales are to related parties

The client received a favourable individual ruling confirming that it could continue to be subject to the Estonian corporation tax regime when selling more than 50 per cent to a related party.

Director of the National Tax Information Service (2024) 0111-KDIB1-2.4010.677.2024.1.END Read the case →
04
CIT · Hypothetical interest

The option to make use of hypothetical interest rate preferences

We have confirmed that, should a resolution be passed in 2026 to transfer the profits for 2023 and 2024 to the reserve fund, the Company will be able to recognise the cost of hypothetical interest in 2026, 2027 and 2028.

Read the case →
05
VAT · Corrective invoices

Reduction in VAT during the relevant period

The customer was entitled to a VAT reduction as soon as the downward adjustment was issued, without any delay caused by a lack of delivery confirmations.

WSA (2009) inconsistency with the VAT Directive Read the case →
06
VAT · Rate

8% VAT on the provision of sports facilities to secondary schools

The client received a favourable Binding Rate Notice confirming an 8 per cent VAT rate for the provision of sports facilities to secondary schools

Director of the National Tax Information Service 0112-KDSL2-1.440.41.2026.1.MA Read the case →
07
CIT · Costs

Conservative investment preparation costs

The client has secured the right to claim reimbursement for the costs of preparing the investment, including activities that did not result in the purchase of the property.

WSA (2007) and NSA (2008) II FSK 744/2007 Read the case →
08
Electoral Law · Interpretations

Full protection under the existing interpretation

The client was assured that, by acting in accordance with the interpretation, they would enjoy full legal protection, including in respect of settlements made after it was served.

WSA in Wrocław (2011) I SA/Wr 1480/10 Read the case →
09
CIT · Exchange rate differences

A simple method for accounting for exchange rate differences

The client maintained a simple and lawful method of calculating exchange rate differences, rather than using an artificial exchange rate imposed by the authority.

WSA in Kraków (2011) I SA/Kr 1006/10 Read the case →
10
PIT · Employee benefits

No tax on corporate team-building events

As the payer, the client now has grounds for not including income from team-building events in their employees’ earnings, providing peace of mind for both parties.

NSA (2011) II FSK 1531/09 Read the case →
11
CIT · Depreciation

Earlier commencement of depreciation of the investment

The client could have started claiming depreciation on the building, which was being completed in stages, at an earlier stage, thereby gaining faster tax deductions and improved cash flow.

WSA in Wrocław (2010) I SA/Wr 693/10 Read the case →
12
VAT · adjustment of input tax

The possibility of adjusting input VAT following a change in the use of a property

The client received a favourable decision from the tax authority, confirming that a one-off adjustment to input VAT was possible

Read the case →
13
VAT · Tax refund

The possibility of a VAT refund despite the tax authority carrying out cross-checks on business partners

The client received a favourable ruling confirming the possibility of a VAT refund following cross-checks of the taxpayer’s business partners by the tax authority

NSA (2015) I FSK 2052/14 Read the case →
14
PIT · The taxpayer’s liability for tax not paid by the withholding agent

The taxpayer has not submitted a PIT return for the part of the liability corresponding to the advance payment which the withholding agent did not deduct

The client received a favourable ruling from the Supreme Administrative Court, confirming that no PIT was due on the portion of the liability corresponding to the advance payment which the payer had not collected

NSA (2019) II FSK 3292/17 Read the case →
15
VAT · A company’s liability for the actions of its managing director

The company’s exemption from liability for VAT due to criminal acts committed by its chairman

The Provincial Court upheld our position and quashed the unfavourable decisions of the tax authorities at first and second instance, which had held the Client liable for VAT arising from a blank invoice issued by its managing director

WSA in Wrocław (2022) I SA/Wr 525/21 Read the case →