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Mgr Paweł Relidzyński
ORCID: 0000-0002-2073-3776

Mgr Paweł Relidzyński

PhD student and a member of the Economic and Commercial Law Team at the Institute of Legal Sciences of the Faculty of Law and Administration of the University of Silesia in Katowice

 
DOI: 10.33226/0137-5490.2021.9.7
JEL: K20

The purpose of the article is to analyse the Act of 28 November 2020 amending the Personal Income Tax Act, the Corporate Income Tax Act, the Act on flatrate income tax on certain income received by natural persons and certain other acts, which results in limited partnerships obtaining the status of corporate income tax payer. The article describes in detail the rules of the taxation of limited partnerships with corporate tax and exceptions to this rule. Furthermore, since that law completely alters the tax situation of an enterprises operated in the form of limited partnerships, and in particular the so-called LLC LPs the merits of its adoption have been assessed and the effects of its entry into force have been determined from the perspective of the members of such companies. Moreover, the article argues that it is presently no longer possible to create a structure of an enterprises which combines the characteristics of an existing limited partnership of which a limited liability company was a general partner, forcing partners to consider changes in the structure of an enterprises previously operated in the form of limited partnerships, the general partners of which are limited liability companies. Accordingly, the article attempts to identify alternatives to the so-called LLC LPs, forms of establishment, together with a description of how they have been transformed.

Keywords: limited partnership; legal person; corporate tax