On February 26, 2020, the Supreme Administrative Court (SAC) issued a significant judgment, ref. I FSK 1313/17 to Voss Fluid GmbH seated in Germany regarding the Fixed Establishment (FE) existence of the German company which has commissioned the production on entrusted materials to a Polish contractor.
The German company operates in the mechanical engineering sector as a supplier of hydraulic connection technology. In 2014, the company signed a cooperation agreement with a Polish production entity that belongs to the Voss Fluid Group. Under the concluded contract the German company supplies the materials and other necessary equipment to the Polish related entity that provides refining services for the delivered goods. The scope of these services includes assembly of components, storage of goods supplied by the German company and finished goods.
The German company hires one employee that is in charge of customer acquisition, market analysis, representation at fairs and exhibitions. The employee acts as a sales manager. However, all strategic decisions are made by the management board in Germany at the company’s headquarters.
The company has neither permanent technical facilities nor infrastructure in Poland.
The company does not possess any warehouse in Poland.
Judgement of the Supreme Administrative Court
The SAC acknowledged that the company had its permanent place of business in Poland, dismissing the company's cassation appeal. The SAC agreed with the verdict of the Voivodship Administrative Court, guided by the following criteria:
In the court’s opinion, all the above factors confirm having an FE by the German company and allow carrying out the economic activity in a continuous and lasting way.
The SAC will issue a written justification for the judgment in the following months.
For more information on the current approach of tax authorities in Poland to the FE, please feel free to contact us: Anna Szafraniec, CEE VAT Compliance Manager, firstname.lastname@example.org and Łukasz Woźniak, Senior Tax Consultant, email@example.com.
Disclaimer: The information contained in the present page is general and does not constitute legal advice. Before taking any decision or action on the above information you should take the appropriate professional advice.