Legal Proceedings Report • May 8, 2023
Legal Proceedings Report
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The ManagementBoard of CIECH S.A. (the "Company" or "Issuer")informs that today received:
1._#160;_#160;Threefinal decisions (hereinafter jointly referred to as the "Decisions")issued by the Director of the Tax Administration Chamber in Bydgoszcz(hereinafter referred to as the "DIAS in Bydgoszcz") inproceedings concerning CIECH Soda Polska S.A., CIECH Cargo sp. z o.o.and CIECH Pianki sp. z o.o. (hereinafter collectively referred to as the"Subsidiaries"). In the Decisions issued, DIAS inBydgoszcz, guided by the judgments of the Supreme Administrative Courtin Warsaw of 14 December 2022, recognised the right of the Subsidiariesto settle the tax loss due to a share in a partnership, an indirectsubsidiary of the Issuer (hereinafter referred to as the "Partnership");thus, it decided that the Subsidiaries had no corporate income taxarrears for 2015, which had previously been determined by it at a totalamount of PLN 8.2 million.
2._#160;_#160;Thefinal decision of the Director of the Tax Administration Chamber inRzeszów (hereinafter referred to as the "DIAS in Rzeszów")issued in the proceedings regarding CIECH Sarzyna S.A. (hereinafterreferred to as "CIECH Sarzyna"), repealing the decision ofthe Head of the Podkarpackie Tax Office in Rzeszów of 19.11.2021 anddiscontinuing the income tax proceedings for 2015 due to the expiry ofthe limitation period. The proceeding concerned the right to settle thetax loss due to a share in the Partnership and the right to charge thetrademark fee to tax expenses, as a result of which tax arrears weredetermined in the amount of PLN 6.4 million.As a consequence of thedecision in question issued by the DIAS in Rzeszów, CIECH Sarzyna has nocorporate income tax arrears for 2015.
TheSubsidiaries and CIECH Sarzyna expect thatthe paid tax in the totalamount of PLN 14.6 million and late payment interest in the amount ofPLN 3.3 million will be refunded to them, and they also expect thetax authorities to pay interest for the period when the paid amountswere at their disposal. It is expected that the amounts will be refundedin 2023.
The Issueradvised on matters concerning the right to settle the loss due to theshare in the Partnership in its Current Reports Nos. 22/2019 of6.06.20219, 38/2019 of 9.09.2019, 49/2019 of 11.12.2019, 12/2020 of13.03.2020, 37/2021 of 02.12.2021, 22/2022 of 01.06.2022, 42/2022 of17.11.2022 and 46/2022 of 14.12.2023, and on the recognition of theprovision and write-down on assets in connection with these matters inits Current Report No. 24/2019 of 27.06.2019.
The audits inthe cases in question were described in Note 9.2 of the consolidatedreport of the CIECH Group for 2022 in the section "Audits of taxsettlements in the CIECH Group and related contingent liabilities".
Legal basis:Article 17.1 of Regulation of the European Parliament and of the Council(EU) No. 596/2014 of 16 April 2014 on Market Abuse (the Market AbuseRegulation) and repealing Directive 2003/6/EC of the European Parliamentand of the Council and Commission Directives 2003/124/EC, 2003/125/ECand 2004/72/EC (Official Journal of the European Union L No. 173, p. 1).
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