Monitor Podatkowy

no. 10/2018

Can a limited company in an organization participate in the exchange of shares? Comments in the light of judgement of the Supreme Administrative Court of 28 April 2016, II FSK 648/14 and comments de legelata

DOI: 10.32027/MOPOD.18.10.9
Hanna Litwińczuk
Autorka jest profesorem nauk prawnych.
Abstract

The subject of the article is the analysis of regulations on personal income tax and corporate income tax actsregarding verification of jurisdiction premise that a limited company in an organization cannot participate in the exchange of shares, because its legal form was not mentioned in the appendix of both acts, which mentions only a limited company and a stock company. The analysis of regulations of the Directive and national laws regulating exchange of shares and essence of stock companies in an organizationindicates a lack of premises to verify legal individuality of a limited company in an organization from a limited company giving legitimacy that such a company in an organization cannot participate in the exchange of shares.