Julita Karaś-Gasparska: Family foundation? The tax office is rather supportive

The family foundation is two years old now and is becoming increasingly popular. It ensures stability of inheritance – that was the purpose of introducing these regulations. But it can also be used for tax optimization, for example, to sell even very large assets tax-free.

Interestingly, the tax authorities tend to support family foundations, as evidenced by the positive individual interpretations for taxpayers issued by the KIS director and protective opinions issued by the Head of the KAS. For example, in one of last year's interpretations, the authority agreed with the applicant that income obtained by the foundation from the sale of shares would be exempt from CIT, even if the sale of these shares takes place shortly after their contribution to the foundation. The foundation may therefore acquire shares with the intention of selling them quickly and will not pay income tax. One only needs to be able to present an economic justification for such action. The fact that tax authorities largely confirm tax preferences for family foundations, concerning the accumulation of assets, their multiplication and the provision of benefits to the founder's closest relatives, is written about in the article: "Family foundation - a passing fad or solutions for generations".