Tax effects of converting the partnership into other partnership (Skutki podatkowe przeksztalcenia spolki osobowej w inna spolke osobowa)

Rafal Bernat ()
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Rafal Bernat: Wydzial Prawa i Administracji, Uniwersytet Mikolaja Kopernika w Toruniu

Research Reports, 2015, vol. 1, issue 18, 26-36

Abstract: Commercial partnerships is a general partnership, professional partnership, limited partnership, joint-stock company. Partners of the company by selecting-at the time of signing of the erection act-the business model, choose inter alia about his responsibility for the liabilities of the company, participation in profit and loss, on the activities and the financial contributions (or in kind). To change the type of company you can carry out the process of transformation of a person, or holding company (limited liability company, joint stock company). This means, however, making legal transactions, the nature of which is not defined on the basis of the tax on civil law transactions of goods and services or income tax from natural persons. You might want to consider whether to convert a partnership in person may be fiscally neutral – and if it is wanted to apply this tax - how to determine its elements (item, rate, taxable). Tax laws are not as categorical – in respect of which operations the company is taxable or liable. This publication provides scientific analysis of the laws in force in this respect, the views contained in the doctrine of tax law and company law. The need to carry out that examination results also from the fact that both the individual interpretations and administrative jurisprudence the issue of taxation of transformations in the vast majority of this is in relation to convert the legal form of a partnership on a capital company.

Keywords: partnership; transformation of a company; civil law transactions tax (search for similar items in EconPapers)
JEL-codes: K20 K30 K34 (search for similar items in EconPapers)
Date: 2015
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