GPW SA (31/2024) Postanowienie Naczelnego Sądu Administracyjnego dot. interpretacji indywidualnej Dyrektora Krajowej Informacji Skarbowej w przedmiocie podatku od towarów i usług

Current Report No. 31/2024Date: 2 October 2024Topic: Judgment of

the Supreme Administrative Court concerning the individual

interpretation of the Director of the National Revenue Information

regarding value added taxLegal basis: Article 17(1) MAR - Inside

informationContent:In reference to current report no.

5/2020 of 1 April 2020 and current report no. 6/2020 of 1 April 2020

concerning the recognition of a provision for potential liability

resulting from VAT in the subsidiary IRGiT, the Management Board of GPW

S.A. ("GPW", "Company") announces that a hearing was held today before

the Supreme Administrative Court to consider IRGiT's appeal on a point

of law against the judgment of the Regional Administrative Court

concerning the individual interpretation of the Director of the National

Revenue Information regarding value added tax.The Supreme

Administrative Court adjourned the proceedings and issued a decision to

refer a question for a preliminary ruling to the Court of Justice of the

European Union. In the question referred for a preliminary ruling, the

Supreme Administrative Court requested the Court of Justice of the

European Union to resolve on the compatibility with Directive

2006/112/EC of Article 86(10b)(1) of the Value Added Tax Act which

provides that a taxpayer is entitled to deduct input VAT on a

transaction to buy goods or services not earlier than in the tax month

(period) in which the taxpayer receives the invoice documenting the

transaction, or whether the taxpayer is entitled to deduct input VAT in

the tax month (period) in which the taxpayer meets the substantive

conditions of exercising this right while the taxpayer receives the

invoice after the end of such period but before the time limit for the

submission of the tax return for that month.

The decision, in the opinion of the GPW Management Board, does not

change the assessment of the Company's financial position, in particular

the amount of the recognised provision.

Legal basis: Article 17(1) of Regulation (UE) No. 596/2014 of the

European Parliament and of the Council of 16 April 2014 on market abuse

(market abuse regulation) and repealing Directive 2003/6/EC of the

European Parliament and of the Council and Commission Directives

2003/124/EC, 2003/125/EC and 2004/72/EC (Official Journal L 173) ("MAR")

More information on page: http://biznes.pap.pl/en/reports/espi/all,0,0,0,1

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