Taxation of income of a foreign controlled company in the case law of administrative courts

Abstract

The author analyzes the jurisprudence of administrative courts regarding a foreign controlled company. These judgments were made in cases related to complaints about individual interpretations of tax law provisions. He draws attention to the fact that the courts take into consideration the regulation’s purpose in the interpretation of CFC regulations and the quite broad interpretation of the terms “share in capital”, “passive income”. Expresses the view that the introduction of these solutions also in relation to natural persons, despite the absence of such an obligation under EU law, could be a reaction of the legislator to the actions of taxpayers – natural persons, aiming at using foreign companies achieving passive income to reduce taxation.