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Survival of the Richest

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Poland<br />

Harmful tax practices<br />

According to a study on aggressive tax planning structures,<br />

Poland has 11 indicators, compared to <strong>the</strong> EU average <strong>of</strong><br />

10.6. 667 Poland does not have a patent box or any o<strong>the</strong>r<br />

active indicators.<br />

Poland had 20 advance pricing agreements (or ‘swee<strong>the</strong>art<br />

deals’) in force at <strong>the</strong> end <strong>of</strong> 2015. This makes Poland <strong>the</strong><br />

country with <strong>the</strong> 12th highest number <strong>of</strong> advance pricing<br />

agreements in <strong>the</strong> EU. 668<br />

Global solutions<br />

The previous Polish government stated that fur<strong>the</strong>r analysis<br />

was necesasry in order to determine whe<strong>the</strong>r Poland could<br />

support <strong>the</strong> establishment <strong>of</strong> an intergovernmental UN body on<br />

tax. 669 The new government has so far been quiet on <strong>the</strong> issue.<br />

Conclusions<br />

The Polish government remains opposed to public registers<br />

<strong>of</strong> beneficial owners, which is <strong>of</strong> concern. On <strong>the</strong> issue<br />

<strong>of</strong> transparency about where multinational corporations<br />

do business and what <strong>the</strong>y pay in taxes, <strong>the</strong> government<br />

supports <strong>the</strong> European Commission’s proposal on partially<br />

public country by country reporting.<br />

The Polish tax treaty system is an issue <strong>of</strong> concern, in<br />

particular since Poland has several ‘very restrictive’ tax<br />

treaties, which impose strong limitations on <strong>the</strong> taxing<br />

rights <strong>of</strong> <strong>the</strong> developing countries that sign <strong>the</strong>m.<br />

When it comes to harmful tax practices, Poland is not<br />

among <strong>the</strong> worst, but still has a number <strong>of</strong> indicators <strong>of</strong><br />

structures which multinational corporations can use for<br />

aggressive tax planning, as well as a significant number <strong>of</strong><br />

‘swee<strong>the</strong>art deals’ with multinational corporations.<br />

On <strong>the</strong> issue <strong>of</strong> whe<strong>the</strong>r to establish an intergovernmental<br />

UN tax body, <strong>the</strong> Polish government has not given a position.<br />

86 • <strong>Survival</strong> <strong>of</strong> <strong>the</strong> <strong>Richest</strong>

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