Taxation of company restructurization : fight against aggressive tax planning or fight against company restructurization?

Streszcz. ang. s. 425. Bibliogr. s. 436. Publikacja recenzowana

Companies undertaking corporate restructuring transactions should be guaranteed tax neutrality if their actions are justified from the business point of view. Until recently, tax neutrality for most mergers, demergers, transfers of assets and exchanges of shares was almost certain if there were business reasons for it. The conditions of recognizing these operations as tax neutral have changed. As part of the Polish Deal, as of 1 January 2022, a new law came into force amending the CIT and PIT Acts. In effect only the first exchange of shares can be treated as a tax neutral, the neutrality of mergers and demergers is to depend on whether the shares in the acquired or divided entity were acquired as a result of an exchange of shares or another merger or demerger etc. The purpose of this article is to discuss the latest changes into taxation of company restructuring which comprises mergers, demergers, transfers of assets and exchanges of shares.