Innovative Business Law Solutions. Your Full Scope Tax Law Practice

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1 Innovative Business Law Solutions Your Full Scope Tax Law Practice

2 Table of Contents Our Firm 1 CIT 2 VAT 3 International Taxation 4 PIT 5 Dynamic Tax Planning 6 Mergers and Acquisitions 7 Transfer Pricing 8 Tax Litigation 9 Local Taxes 10 Tax Compliance 11 Audit and Bookkeeping 12 RAACS Modern Communication and Project Management 13

3 Our Firm Kochaƒski Zi ba & Partners was established in 1998 by Piotr Kochaƒski, advocate and member of the Warsaw Bar Council and the District of Columbia (Washington, D.C.) Bar. The only Polish law firm to be awarded in the prestigious Financial Times Innovative Lawyers 2014 ranking Our Firm currently consists of more than 80 lawyers, tax counselors and patent attorneys supported by 40 of administration staff. We are a full-scope, business-orientated law firm dedicated to providing Clients with innovative and efficient legal solutions of the highest professional standards. The distinct advantage of our Firm is that we do not just provide Clients with a standard law service, but we handle each case in a multidisciplinary manner, combining experience and knowledge in related fields of law. This comprehensive one-stop-shop approach is highly appreciated by our Clients, as it is extremely efficient and leads to the best quality and results. A laureate of the Business Centre Club and the Polish Ministry of Foreign Affairs: Ambassador of Polish Economy 2013 and 2014 Our lawyers are experts in various fields of law, including banking and finance, real estate, civil, company and corporate, M&A, tax, industrial, telecommunications, competition and distribution, and European law. Our philosophy is to work closely with Clients in order to understand their businesses and tailor our services to their needs. International Practice A laureate of the Business Centre Club, the Polish Ministry of Foreign Affairs and the European Economic and Social Committee European Medal 2013 and 2014 Our Firm is a Polish law firm with global capabilities through its professional relationships with groups of international law firms operating under various brands. Since 2004, we have been a Polish member of the International Lawyers Network (www.iln.com). The ILN is a group consisting of over 6,000 lawyers in 90 member firms representing 66 countries. Through our membership of the ILN we have been engaged in various top level transactions, including international M&A projects, project finance or high-profile transactions on the real estate market. We are also members of Mackrell International (www.mackrell.net), a network of medium-sized law firms in major jurisdictions, dedicated to Client satisfaction. Founded 20 years ago, it currently numbers over 60 firms with more than 100 offices in five continents. International affiliation gives us the possibility to run and manage our cross-border projects globally. 1

4 CIT Our corporate income tax team has an in-depth knowledge and experience in providing ongoing tax advisory services for corporate clients operating in the Real Estate, Media, Banking and Capital Markets, Automotive, FMCG, Energy, Health Care and Tourism industries. For domestic companies and international capital groups, we also offer effective tax solutions intended to address particular problems encountered while running a business and to optimize existing public law burdens. We also assist our clients in the implementation stage of projects. We help our clients in managing their tax risks by applying for individual tax rulings and, if necessary, representing them before tax authorities and administrative courts. Our services also include tax reviews aimed at verifying the correctness of tax calculations, identifying tax risks and indicating tax planning opportunities. Andrzej Malec Our services include: n Ongoing corporate income tax advisory services; n Tax optimization services; n General tax reviews; n Tax reviews of commercial contracts to identify potential tax risks and optimize public law burden; n Tax advisory services on marketing actions; n Tax compliance services. Dr Andrzej Malec is a recommended tax expert, Global Law Experts, 2012 and Legal 500 EMEA,

5 VAT Our Value Added Tax team provides ongoing tax advisory services for domestic and foreign companies. We help our clients to understand complex Polish and European Union VAT regulations and to eliminate errors in their application. We also assist our clients in dealing with VAT settlements. Our services are aimed at ensuring correctness of VAT calculations and minimizing tax risks associated with VAT. Our services also include a wide range of VAT compliance services, including preparations of periodic VAT calculations and their corrections, Intrastat returns and EC Sales Lists. Tomasz Zaleski Our services include: n Ongoing VAT advisory services; n Tax advisory services on intra-community transactions; n Tax advisory services on real estate transactions; n Tax advisory services on marketing campaigns and advertising, including delivery of goods free of charge and providing services free of charge; n Tax reviews; n Assistance in VAT refund claims; n Assistance in VAT registration procedures; n Tax compliance services; n Tax advisory services on special VAT procedures, in particular on the indirect taxation of tourism services. Anna Zi ba

6 International Taxation Our international taxation team offers companies complex tax services on inbound and outbound transactions, including tax planning for cross-border transactions. In cooperation with tax counselors associated with the Mackrell International legal network, we also provide international tax structuring services for companies and individual shareholders that are aimed at optimizing taxation of business profits and the tax effective distribution of dividends. Additionally, we offer ongoing tax assistance on the taxation of dividends, interest and royalties paid out by Polish companies to non-residents. We also provide our clients with tax compliance services. Anna Zi ba n Tax advisory services on cross border transactions, including income taxes and transfer taxes; n Tax advisory services on tax effective distribution of dividends, interest and royalties; n International tax planning aimed at optimizing tax and other public law burdens; n Assistance in implementing tax structuring plans; n Tax reviews aimed at identifying tax risks related to transactions with non-residents and verifying compliance with tax administrative obligations. 4

7 PIT Our personal income tax team specializes in providing services for corporate employers, individual shareholders, executives and high-ranked employees. We assist corporate clients acting as employers and tax remitters in meeting their obligations imposed by law. We provide our services not only on tax matters but also on other public burdens such as social security and heath care contributions. We also offer tax effective compensation models for executives and top-ranked employees. Additionally, we advise individual shareholders, executives and high-ranked employees on personal income taxation matters. n Ongoing personal income tax advisory services; Andrzej Malec n Structuring tax effective compensation models for executives and high-ranked employees; n Tax advisory services and assistance in structuring and implementing employees option plans; n Tax advisory services related to assignment to work contracts for residents and non-residents; n Draft internal guidelines outlining personal income tax remittance obligations; n Advisory services on other public burdens such as social security and heath care contributions. As a result of our claim, the Voivodship Administrative Court in Warsaw stated: Covering the issue price of new shares with the Company s reserve capital does not create a taxable income for the Company s shareholders. Voivodship Administrative Court in Warsaw, III SA/Wa 2784/10 Anna Gwiazda

8 Dynamic Tax Planning Our tax planning experts offer complex tax planning services aimed at optimizing tax and other public law burdens. Thanks to our cooperation with the Mackrell International legal network we can recommend our clients not only domestic but also international tax planning opportunities. Our tax planning services include also recommending tailored structuring plans as well as tax and legal assistance in their implementation. We are experienced, among others, in the tax effective structuring of transactions such as the sale of an enterprise or an organized part of an enterprise, sale of shares and sale of real property. We also help our corporate clients in updating the tax value of particular tangible and intangible assets, e.g. trademarks, that can result in a decrease of their taxable base. n Tax planning services for capital groups, companies and individual shareholders; n International tax planning; n Tax effective restructuring; n Tax and legal ongoing assistance during implementation of optimization projects and restructuring plans. Rafa Zi ba Andrzej Malec Tomasz Zaleski

9 Mergers and Acquisitions In cooperation with lawyers from our Corporate department and Financial, Capital Markets and Innovative Legal Solutions for Businesses department, we provide our clients with comprehensive tax and legal services aimed at minimizing the risks associated with transactions. We help to execute transactions, including acquisitions, disposing of a business or an organized part of an enterprise, mergers, or entering into a joint venture in a tax-efficient and timely manner. We assist our clients at all stages of transactions from their planning to their execution. We help to manage tax risks and optimize net cash flows. n Tax and legal services related to the structuring of the Tomasz Zaleski transaction tailored to the individual client s needs; n Tax and legal due diligence aimed at identifying and assessing potential tax risks in the entity to be taken over or merged; n Ongoing tax and legal advisory services at all stages of M&A transactions; n Tax compliance services related to M&A transactions. Szymon Ga kowski

10 Transfer Pricing Our transfer pricing team helps our clients in managing the tax risks arising in related-parties transactions. We provide assistance in the tax-effective structuring of related-parties transactions in line with Polish domestic law and OECD transfer pricing guidelines. Our services also include the preparation of transfer pricing documentation. Additionally, we represent clients before tax authorities and administrative courts in resolving any transfer pricing disputes. Andrzej Malec n Tax reviews aimed at recognizing transfer pricing risks and transfer pricing documentation requirements; n Preparation of and review of transfer pricing documentation; n Preparation of transfer pricing policies tailored to the specific business activities of clients; n Preparation of benchmark studies; n Draft and review of related-parties contracts. 8

11 Tax Litigation Dispute resolution before the tax authorities and courts is an indispensable aspects of running a business no matter whether on domestic or international markets. Our experience enables us to expertly conduct cases before tax authorities, as well as in administrative and civil courts. We also represent clients in arbitration procedures. Our efforts are designed to enforce our clients rights. Tomasz Zaleski n Representing clients in tax proceedings, in particular the preparation of appeals, tax refund claims, motions to revive tax proceedings; n Representing clients and providing tax advisory services during tax audits carried out by the tax authorities; n Preparing motions to the Ministry of Finance for individual and general tax rulings; n Representing clients before administrative courts, including preparations of appeals and other tax pleadings, representing clients at trials; n Representing clients in fiscal penal proceedings; n Representing clients before civil courts; n Representing clients in domestic and international arbitration proceedings. Tobiasz Szychowski

12 Local Taxes Our local tax team in cooperation with our Real Estate department provides tax advisory services on local taxes, in particular real estate tax. We provide our clients with tax advisory services aimed at managing their tax risks exposure resulting from imprecise statutory provisions and tax law practice which often varies from municipality to municipality. Additionally, we help our clients in identifying items subject to real estate tax and applying the relevant tax rates. We can also recommend tax planning opportunities. Additionally, we provide general tax advisory services on local taxes and tax compliance services. n Ongoing tax advisory services; n Preparation of motions to local tax authorities for individual tax rulings; n Representation of clients in negotiations with local tax authorities on real estate tax; n Representation of clients in disputes with local tax authorities; n Tax reviews aimed at verifying the correctness of real estate tax calculations and recommending optimized solutions. Andrzej Malec Due to our cooperation with other Law Firm s departments as part of our membership of Mackrell International and the International Lawyers Network, we offer our clients complex tax and legal services tailored to meet your business needs. Kamil Osiƒski

13 Tax Compliance We assist entrepreneurs running a business in Poland in meeting their administrative obligations imposed on them by law, at all stages of their business activities. Among others, we help our clients in registering a company or a branch in Poland. We assist in company s registration as a VAT payer and in determining the relevant tax office for CIT and VAT purposes. We support our clients in identifying their obligations to file certain tax returns and tax information for corporate clients. We also inform them which tax returns and tax information should be filed by individual shareholders, executives and top-ranked employees. We also provide our client s accounting department staff with assistance in monthly and quarterly tax returns filing. Tomasz Zaleski n Assistance in the preparation of monthly, quarterly and yearly tax returns regarding CIT, PIT, VAT, transfer tax, local taxes; n Assistance in the preparation of tax information, including IFT-1/1R, IFT-2/2R, PIT 8C forms; n Assistance in the preparation of forms to be filed at Social Security Office. 11

14 Audit and Bookkeeping Our audit and bookkeeping team in cooperation with another company from our group, provides high quality audit services to clients obliged under statutory law to have their financial statement audited by a statutory auditor as well as a complete range of bookkeeping services. We also provide internal audit services individually tailored to meet the clients current business needs. We also offer ongoing assistance in keeping accounting books, tax books or any other records. In co-operation with other departments in our Law Firm, we assist our clients in meeting their filing obligations related to the end of the financial year. Maciej Schmidt n Audit of financial statements and consolidated financial statements prepared according to Polish Accounting Standards and International Accounting Standards; n Review of financial statements and consolidated financial statements; n Ongoing tax advisory services related to restructuring transactions; n Preparation of financial opinions and reports; n Keeping accounting books, tax books and tax records; n Preparing documents related to the end of the financial year, such as financial statements, documents approving financial statements, motions to be filed at the National Court Register and tax office; n Preparing financial statements according to Polish Accounting Standards, International Accounting Standards at our client s place of business; n Ongoing assistance for Accounting Departments staff. 12

15 RAACS Modern Communication and Project Management Due to the rapid development of IT combined with the impact that globalization is having on competition, companies face the challenge of identifying the most successful and cost-effective business solutions. As our clients business partners, we help them to find such solutions. To ensure effective, financially satisfying and advanced IT solutions for our clients, we use RAACS an innovative system, utilizing Cloud Computing, developed and tailored to our clients needs. RAACS provides our clients with round-the-clock secure access to project data and documents, facilitating remote progress monitoring and development of our joint projects. This solution enhances the transparency of our services while maximizing effectiveness and downsizing costs. RAACS is: n 24/7 remote control of a project from any place on the globe n Cost-effective communication and administration n Uninterrupted access to updated information on costs and planned project expenditures n Functional on-line access to documents n The intuitive interface of a web browser n Available for BlackBerry, ipad, iphone n Unique application on the Polish market 13

16 Contact: tel fax Metropolitan Plac Pi sudskiego Warsaw, Poland Office hours: Monday-Friday 9.00 a.m p.m. 16

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