New tax liability. Will you be held accountable for company errors even if you’re not on the board?<\/p>\n
The draft amendment to the Tax Ordinance (UC138) allows for the assignment of liability for tax arrears of companies to individuals who actually manage the company’s affairs, even though they do not formally serve on its management board. This means that when assessing risk, not only who appears in the National Court Register (KRS) but also who actually makes decisions and influences the management of the company’s affairs may become increasingly important.<\/strong><\/p>\n The project replaces the existing subsidiary liability (collectability from assets in the event of the company’s insolvency) with joint and several liability of persons managing capital companies.<\/p>\n The proposed regulations may therefore be particularly important for individuals who participate in key financial, tax, or business decisions on a daily basis, even though they formally remain outside the management board. This may include financial directors and other individuals performing actual management functions \u2013 however, their position or scope of expert responsibility should not automatically determine tax liability.<\/strong><\/p>\n The changes also mean a greater emphasis on due diligence and the way managers oversee the tax area.<\/p>\n Therefore, it is worth answering the question today: if I fall into arrears, will I be able to demonstrate that I have done what could reasonably be expected of me?<\/strong><\/p>\n We invite you to a free webinar on September 17th at 11:00 AM, during which experts from Chojnacka & \u0141agowski Doradcy Podatkowi sp. z o. o.<\/strong><\/a> \u2013 Arkadiusz \u0141agowski<\/strong><\/a> and Anna Nowakowska \u2013<\/strong><\/a> will discuss, among others:<\/p>\n \u2714\ufe0f What specifically does the UC138 project change, and why is it a significant change to the current liability model?
\n\u2714\ufe0f Who, beyond the formal management board, might be at risk?
\n\u2714\ufe0f Could the changes apply to financial directors and chief accounting officers?
\n\u2714\ufe0f How important will due diligence and proper tax oversight be?
\n\u2714\ufe0f How can managers and the organization be prepared to mitigate the risk of personal liability?<\/p>\n