
ATA FOR THE YEAR ENDED
ECEMBER
LL AMOUNTS IN
UNLESS STATED OTHERWISE
ONSOLIDATED
INANCIAL
TATEMENTS
of the Giełda Papierów Wartościowych w Warszawie S.A. Group
6.11.1. CONTINGENT ASSETS
In September 2019, TGE submitted corrections of CIT returns and payments for 2012-2016 and paid the resulting amounts
due together with interest. The correction concerned among others the conversion of TGE’s debt due from IRGiT into IRGiT’s
share capital in an amount of PLN 10 million in 2013. Given the inconsistent approach of tax authorities to the tax recognition
of the transaction, TGE took measures to recover the paid tax of PLN 1.9 million. As it is uncertain whether the amount can
be recovered, the Group recognised a contingent asset of PLN 2.6 million as at 31 December 2021 (including PLN 1.9 million
principal and PLN 0.7 million interest). The Director of the Tax Chamber issued a decision refusing to recognise the requested
overpayment of PLN 2.6 million. TGE appealed against the decision. On 14 April 2021, the Regional Administrative Court in
Warsaw in an in camera session dismissed TGE’s appeal and upheld the interpretation. TGE appealed against the Court’s
decision in cassation on 25 June 2021 and the final decision is pending.
6.11.2. CONTINGENT LIABILITIES
In connection with the implementation of the projects New Trading System, GPW Data, GPW Private Market, TeO and PCOL,
the Exchange presented five own blank bills of exchange to NCBR securing obligations under the projects’ co-financing
agreements. According to the agreements and the bill-of-exchange declarations, NCBR may complete the bills of exchange
with the amount of provided co-financing which may be subject to refunding, together with interest accrued at the statutory
rate of overdue taxes from the date of transfer of the amount to the Exchange’s account to the day of repayment (separate
for each project). NCBR may also complete the bills of exchange with the payment date and insert a “no protest” clause. The
bills of exchange may be completed upon the fulfilment of conditions laid down in the co-financing agreement. Each of the
bills of exchange shall be returned to the Exchange or destroyed after the project sustainability period defined in the project
co-financing agreement.
As at 31 December 2022, the Group recognised a contingent liability in respect of an overdue VAT correction. Acting in the
interest of GPW shareholders, pursuant to point 92 of IAS 37 Provisions, Contingent Liabilities and Contingent Assets, the
Group is not disclosing the estimated amount of the potential payable (see: Note 6.12).
The Group had bank guarantees as at 31 December 2022 as described in Note 6.10.
6.12. UNCERTAINTY ABOUT VAT
In accordance with the GPW Group’s tax risk management policy, tax accounts of all Group companies including IRGiT have
been annually reviewed by an independent tax advisor since 2017. In addition, following one such review, with a view to
verification of tax risk identified in the review, the IRGiT Management Board requested independent advisors to provide an
analysis concerning the time of origination of input VAT from transactions in electricity and gas deliveries and the time of
origination of the right to deduct input VAT and to calculate potential impact on IRGiT’s tax payable of a potential amendment
of IRGiT’s tax policy which follows the general rules concerning the time of origination of tax liabilities regarding output VAT
and the direct application of Directive 112 to the extent of input VAT.
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. IRGiT is currently awaiting a date to be set for a hearing before the Supreme Administrative Court.
In this respect, IRGiT developed a tax strategy together with external tax advisors.
Due to uncertainty concerning the timing of accounting for input and output VAT in all open periods and the amount of the
aforementioned 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 that will arise in the event of a postponement of
VAT deduction periods in the amount of PLN 30.2 million as at 31 December 2022 (PLN 28.8 million as at 31 December
2021). As a result of an update of the provisions, the Group’s financial costs in 2022 were charged with PLN 1.4 million (1.9
million in 2021). The provisions represent the best possible estimate of the potential liability as at 31 December 2022 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 delivery
transactions. 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.