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Issue 2 (2)/2016

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Publication date: 06.2016

Licence: CC BY-NC-ND  licence icon

Editorial team

Editor-in-Chief Jolanta Gliniecka

Issue content

Łukasz Karczyński

Financial Law Review, Issue 2 (2)/2016, 2016, pp. 1-14

Due to financial crisis many entrepreneurs suffered heavy losses on currency options and forward contracts. Tax authorities tend to disallow deduction of those losses from the taxable income. Many cases ended up in administrative courts, resulting in judicature controversies on the issue in question. This paper is the second of four in a cycle. The aim of the whole cycle will be to analyze deeply these controversies and suggest the proper interpretation of the legal provisions, determining whether losses on currency options and forward contracts should or should not be regarded as tax-deductible expenses. The aim of this paper is to determine if the aforementioned losses may be regarded as expenses related to acquisition of these derivatives (excluded from tax-deductible expenses). The conducted analysis suggests that the expenses made to pay the losses cannot be regarded as such expenses, so they should be regarded as tax-deductible expenses if there are no other obstacles.

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Kacper Kanka

Financial Law Review, Issue 2 (2)/2016, 2016, pp. 15-38

The transfer-window, defined as the period when it is possible to make transactions called „transfer agreements” continues throughout the year and includes the whole range of sports, not only connected with football. The aim of this article is to describe consequences of the conclusion and execution of the transfer agreement on the ground of corporate income tax law. Tax analysis was preceded by a legal analysis, which is intended to demonstrate the essential elements of the transfer agreement and, above all, its subject matter.

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Michał Koralewski

Financial Law Review, Issue 2 (2)/2016, 2016, pp. 39-52

This article is about permissible economic activity of a commune with special emphasis on the principles of taxation of individual actions taken by such a body. The basic thesis of this study is that recognition of a commune as the payer of goods and services tax is possible only to the extent of activities it undertakes within the scope of dominium, not imperium. The confirmation of that thesis is sought in historical and axiological considerations about economic freedom and also the analysis of legal framework for the activity of a commune. Moreover, the article provides an overview of practical problems related to taxation of communes.

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Rafał Cieślak, Julia Zdanukiewicz

Financial Law Review, Issue 2 (2)/2016, 2016, pp. 53-66

Hybrid public-private partnership (PPP) projects in Poland emerged during EU programming period 2007–2013 with minimal impact, but this experience has given way to the opportunity of widen application during the financial perspective 2014–2020. In the 2007–2013 period various programs utilized the benefits of PPP in sensus largo manner. However PPPs in the 2014–2020 period seeks to create a leverage effect encouraging the private sector to increase its interest in investments connected to the development of the goals of the European Union. New regulations concerning EU Cohesion Policy eliminate some barriers in hybrid PPPs thus allowing the connection of various public and private sector resources. It seems that 2014–2020 period will allow for more integration of EU funds with private capital in the PPP framework. However the implementation of some regulatory provisions may be hindered unless guidelines, procedures and implementation conditions of hybrid projects are adopted.

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Roman Fandrejewski

Financial Law Review, Issue 2 (2)/2016, 2016, pp. 67-82

The purpose of this publication is to present the complexity of the problem with responsibility for violation of public finance discipline by persons, who represent entities outside of the public finance sector and receive subsidies from the local government units budget. The cause of this responsibility is disbursement of the grants contrary to their purpose. Avariety of adjudication committee judgments in cases of the breach of public finance discipline and the administrative courts decisions show the problem of responsibility of the beneficiaries of grants. The study provides a direction of necessary changes to the existing legal solutions in this area.

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Maciej Mikliński

Financial Law Review, Issue 2 (2)/2016, 2016, pp. 83-103

The submitted article contains reflections on features of public confidence institution and is an attempt to debate the issue of the bank as a public confidence institution. The legal aspects of the term – public confidence institution – are considered as well as its features focusing on confidence as a base. On this background some of the features, which entitle the bank to become the public confidence institution, are discussed. The circumstances leading to the loss of the feature of the public confidence institution are also debated.

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