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Important WSA ruling in Warsaw on VAT taxation of grants for EDIH – June 27, 2024

  • Disputes over VAT taxation of grants are not new for tax advisors
  • WSA in Warsaw ruled in favor of not taxing VAT on a grant received by the Coalition for Polish Innovation Foundation for the creation of the European Center for Digital Innovation (EDIH)
  • The National Tax Information Director believed that the grant should be taxed on services provided to entrepreneurs, but not on other project activities
  • WSA in Warsaw overturned the interpretation, stating that the estimated number of services and recipients for budgeting purposes does not establish a connection between the grant and the value of specific services
  • The grant for creating the EDIH is considered a general cost and is not subject to VAT
  • The ruling is significant for clarifying VAT taxation on grants received for projects in Poland
  • The hope is that the written justification will reflect the firmness of the ruling and help resolve doubts for all entities carrying out similar projects to the Foundation’s.

Source: crido.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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