Forms of debt-to-equity swap in exchange for in-kind contributions performance in the light of tax law – similarities and differences analysis

Abstract

The article at hand aims to present, analyse and systematise tax aspects of viable options of performance of debt-to-equity swap in exchange for in-kind contributions. In the contents of the article, the author first briefly presents the general concept of debt-to-equity swap, and then analyses tax treatment of undertaking the concerned operation in exchange for an in-kind contribution in a few different ways, legally viable under applicable Polish law. The author focuses on consequences analysed operations bear with regard to civil law transactions tax, value-added tax and income taxes, presenting the similarities and differences in their tax classification. At the end of this article, the author presents his conclusions regarding the elaborated issues, together with a brief, own assessment of the prospect of using certain options of debt-to-equity swap by taxpayers.