In the context of the resolution of 7 judges of the Supreme Administrative Court of 15th May 2017, file no. FPS 1/17.

The subject issue was the subject of the legal procedure of the Supreme Administrative Court of 7 judges in the case of the file number II FPS 1/17.The Supreme Administrative Court examined the cessation complaint under the file no. II FSK 3697/14 due to the serious legal doubts and on 30th January 2017 issued an order in which asked this Court the following legal question:

“Were in the legal state applying from 1st January 2009 the taxation with the civil law activities tax posed, based on art. 1 par. 3 point 3 concerning the par. 1 point 1 let. K of the act of 9th September 2000 on the civil law activities tax (Dz. U. of 2007 No. 68, pos. 450 with mod.), on the legal actions of changing of the articles of partnership, which was transforming the capital company into the general partnership, and in consequence was the art. 6 par. 8, let. f and art. 9 point 11 let. a of this act also applied to this operation?”

As a response to this question the Supreme Administrative Court of 7 judges on 15th May 2017 adopted a resolution according to which:

“In the legal state applying from 1st January 2009, the subjects of the taxation with the civil law activities tax, based on art. 1 par. 3 point 3 concerning par. 1 point 1 let. k of 9th September 2000 on the civil law activities tax (Dz. U. of 2007 No. 68, pos. 450 with mod.) are the legal actions of changing the articles of partnership for transforming the capital company into the general partnership”

According to this resolution it should be noted that the SAC has decided that Poland as a member state of the European Union used the option provided in art. 9 of the Directive 2008/7/EC and did not classify the general partnership as the capital companies.

As result of this, according to the national regulations, changing the articles of the partnership for transforming the joint-stock company into the general partnership is subject to the civil law activities taxation.