Voivodship Administrative Court in Warsaw issued on January 11, 2010 (III SA/Wa 1525/09) a verdict which is very important to tax-payers who grant loans to their foreign partners.
The hitherto tax authorities’ opinion was, that when money is paid out from an account in a Polish bank, the loan granted by a Polish company to a foreign entity is subject to PCC tax. 
The court decided that in such cases the place of paying out of the loan and the place of conclusion of the loan agreement were of no importance. Taking into account that the means obtained from the loan are to be used abroad, such loan is not subject to taxation in Poland.

Contact person: PaweÅ‚ Nowak, pn@pnplaw.pl