News Flash

For optimal readability, we highly recommend downloading the document PDF, which you can do below.

Document Information:

  • Year:
  • Country: Poland
  • Language: English
  • Document Type: Publication
  • Topic:

This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
https://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

***NEWS FLASH *** NEWS FLASH *** NEWS FLASH *** NEWS FLASH ***

On Wednesday, March 13, 2002 Poland’s Supreme Court reversed a ruling of the
Supreme Administrative Court which required that monies invested by foundations in
securities be subject to corporate income tax.

The case before the Supreme Court stemmed from an attempt by Poland’s Treasury
Chamber to tax revenues that the Foundation for Polish Science invested as p
art of its
endowment during the years 1995-1997. The amount of assessed tax was in excess of
$20 million.

Last year, Poland’s Supreme Administrative Court sided with the Treasury Chamber,
ruling that “an expenditure” of funds to purchase securities could not b
e considered a
furtherance of the Foundation’s statutory purposes. Inexplicably, the Supreme
Administrative Court ruled that the only place where a foundation could inve
st its funds
was a bank. Any other type of investment, according to the Court, would constitute “an
expenditure” inconsistent with a foundation’s statutory purposes and thus taxable under
Poland’s corporate income tax law. Wednesday’s Resolution of the Supreme Court
reverses this ruling.

According to Gazeta Wyborcza, Poland’s most popular daily newspaper, the Supreme
Court, deciding the case in its complete complement of seven justices, deliberated for
approximately 90 minutes, before rendering the decision. “In a short justification of the
resolution, the leader of the panel, Walerian Sanetra, confirmed that the acquiring of
securities by the Foundation falls within its statutory purposes.” A wr
itten justification of
the resolution should be available within a few weeks.