Good news from the area of family foundations and transactions!
A client of our law firm has obtained a positive collateral opinion on the tax consequences of the planned sale of shares in a limited liability company by a family foundation.
This is particularly important in the context of the recent trend of refusing to issue such opinions by the Head of the National Tax Administration in similar cases. The firm’s team has been advising on the design and establishment of the family foundation, as well as on the planned sale of shares. One of the important elements was obtaining the position of the National Tax Administration in the proceedings to obtain a collateral opinion, led by tax advisor Katarzyna Schmidt [KS profile on LinkedIn], whom we thank for her commitment and professionalism.
The tax authority confirmed that the funder’s actions aimed at long-term preservation of family assets, succession and reinvestment of funds within the foundation – with no immediate payment of benefits and the buyer of the shares not existing at the application stage – can be considered compatible with the purpose of the tax legislation and do not constitute tax avoidance.
This is an important signal that, with the right approach, it is possible to safely plan a transaction involving a family foundation.
On the law firm’s side, the project was led by:
⚖️ attorney Tomasz Przybecki
⚖️ legal counsel Michał Zaborowski