On 9 October 2020, the Regional Administrative Court in Warsaw dismissed IRGiT’s appeal and upheld the individual
interpretation issued by the Director of the National Tax Information dated 12 November 2019 concerning the principles of
determining the time of origination of the right to deduct input VAT from invoices for electricity and gas. On 5 December
2020, IRGiT filed for cassation with the Supreme Administrative Court in Warsaw, and supplemented it on 15 April 2021 with
reference to recent CJEU case-law, not yet available at the date of the cassation, which fully endorses the cassation pleas
raised by IRGiT.
In this respect, IRGiT developed a tax strategy together with external tax advisors.
Due to uncertainty concerning the timing of input and output VAT in all open periods and concerning the amount of the
aforementioned potential VAT payable, guided by the principles of prudence, in accordance with IAS 37 Provisions,
Contingent Liabilities and Contingent Assets, provisions were set up against interest to be accrued in the event that VAT
deduction periods are shifted in the amount PLN 28.8 million as at 31 December 2021 (PLN 26.8 million as at 31 December
2020). As a result of the provisions set up, PLN 1.9 million was charged to the Group’s financial expenses in 2021 (PLN 11.4
million in 2020). The provisions represent the best possible estimate of the potential liability as at 31 December 2021 which
would have to be paid upon an amendment of the existing methodology of determining the time of origination of the tax
liability and the deduction right.
From the tax perspective, there is a risk arising from the statute of limitation (five years) concerning the recognition of
output VAT reported in November 2016: once recognised, due to the application of the lex specialis concerning electricity
and gas deliveries, the tax would be deferred to December 2016 and consequently recognised for a second time without the
right to correct the accounts for November, which would be in direct violation of the principle of VAT neutrality. According to
regulations, if a liability arises in December, it does not expire until 1 January of the sixth consecutive year. Tax liabilities
arising from January to November expire on 1 January of the fifth consecutive year (as such liabilities are payable in the
year when they originate). Literal application of those rules could however result in double VAT imposed on the Company.
Consequently, acting in the interest of GPW shareholders, pursuant to point 92 of IAS 37, the Group is not disclosing the
estimated amount of the potential payable.
6.11. CORRECTIONS OF ERRORS
6.11.1. FEES FOR INTRODUCTION OF SHARES TO TRADING
When preparing the financial statements for H1 2021, the recognition of revenue from fees for introduction of shares to
trading was reviewed. As a result of the analysis, in line with the IFRIC agenda decision of January 2019 Assessment of
promised goods or services, it was determined in the light of IFRS 15 Revenue from Contracts with Customers that the
service of introduction to trading is inextricably linked to the listing service. As a result, it was decided that revenue from
fees for introduction to trading will be recognised over time during the expected term of contracts with customers (average
listing period). Accordingly, the accounting recognition of revenue from fees for introduction of shares to trading was modified
retrospectively. The Group restated the comparative figures presented in these financial statements.
The Exchange defined the average period of provision of the listing service equal to 9 years following a historical analysis of
the average period of listing of companies on the Main Market and NewConnect. The estimate is subject to uncertainty and
will be reviewed as at each reporting date.
6.11.2. RIGHT OF PERPETUAL USUFRUCT OF LAND
When preparing the financial statements for H1 2021, the recognition of the Exchange’s share in the right of perpetual
usufruct of land at 4, Książęca St., Warsaw, was reviewed. As a result, it was determined that the share does not meet the
criteria of leases under IFRS 16 Leases. As a result, it was reclassified from “Right-to-use assets” to “Intangible assets” and
from “Lease liabilities” to “Other liabilities”. The useful life of the asset was reviewed and its depreciation period was extended
to 2093. The corrections are retrospective and the Group restated the comparative data presented in these financial
statements.
6.11.3. IRGIT CLEARING COLLATERAL
As a result of a review under IAS 7 Statement of Cash Flows, it was determined that restricted cash in the amount of PLN
10 million, which constitutes an additional risk management tool at IRGiT and is held for the purpose of securing the liquidity
of clearing of exchange transactions by IRGiT in cases specified in the Rules of the Exchange Clearing House, does not meet
the definition of cash equivalents. Accordingly, a presentation change has been made in these consolidated financial
statements by reclassifying such cash from “Cash and cash equivalents” to “Financial assets measured at amortised cost”.
The corrections are retrospective and the Group restated the comparative data presented in these financial statements.
6.11.4. ENERGY TRANSACTIONS ON INTERNATIONAL MARKETS (“INTERNATIONAL MARKETS”)
The Group reviewed the presentation of revenue and expenses related to TGE’s participation in the single European energy
market in terms of their economic substance. As a result of the review, the presentation of such transactions was changed.
Revenue and expenses from such transactions were previously presented under “Operating income”, “Other revenue” and
“Operating expenses” but are now recognised on a net basis in a single line: “Operating expenses”. The corrections are
retrospective and the Group restated the comparative data presented in these financial statements.