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List of changes in law which are significant for entrepreneurs from 1st January 2016

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Date08 Feb 2016
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Act of 15th May 2015

Restructuring Law

The Act regulates the conclusion of an arrangement by an insolvent or threatened by insolvency debtor with creditors, the effects of the arrangement and of the restructuring actions.

According to the Act, enterprises finding themselves in financial trouble may benefit from four restructuring procedures: for the approval of the arrangement, an accelerated arrangement proceedings, arrangement proceedings and restructuring proceedings.

The aim of the restructuring procedure is to avoid declaring debtor’s bankruptcy by allowing them to restructure through an arrangement with creditors, and in the case of the restructuring proceedings – also by carrying out the restructuring action, whilst safeguarding the legitimate rights of the creditors.

Act of 10th September on the amendment of the act – Tax Ordinance and some other Acts

Simplification and rationalization of the tax procedures is the main assumption of the amendments to the Tax Ordinance and some other Acts published on 20th October 2015. New regulations
are designed to facilitate contact of taxpayers with tax authorities
and ensure efficient collection of taxes.

Introduction of the in dubio pro tributario rule ie. irremovable doubts with regards to the content of the tax law provisions shall be resolved in favour of the taxpayer.
The amendment introduces, next to the specific power of attorney to a single case, a general power of attorney.

The Act also provides a new institution of a joint motion within the regulations regarding an interpretation of tax law. All subjects interested in issuing an individual interpretation by a tax authority
will be able to jointly apply with one motion, by indicating the one entity that in a further phase of the proceedings will act in the character of a procedure party with regards to the interpretation.

After issuing the individual interpretation by the Director of the Tax Information Office, it will be delivered to the party of the procedure. Other interested parties listed in the joint motion receive the duplicate of the interpretation and will be protected in case of directly complying with it. The legal effects of the issued individual interpretation shall be in force from the day of delivery to the representative of all other interested parties.

The Act of 24th July 2015 on amendment of the Labour Code and some other acts

On 2nd January 2016 an amendment of the Labour Code will come into force. It’s objective is to facilitate employees with performing professional and guardian obligations. New solutions will not only refer to employees who will become parents after the introduction of the amendment, but also partially those who are already using their parental leave when the amendment will come into force.
The Act refers to among others a motion for parental leave or giving up parental leave, joint use of the parental leave, length of parental leave and paternal leave.

Source: TaylorWessing (December 2015)