TAXATION OF VAT ON COMPENSATIONS FOR PROVIDED TRANSPORT SERVICES IN PUBLIC TRANSPORT BUSES – GLOSS TO THE JUDGMENT OF THE SUPREME ADMINISTRATIVE COURT OF 7 NOVEMBER 2018, REF. NO. ACT I FSK 1692/16

According to the glossed judgment of the Supreme Administrative Court of November 7, 2018, file ref. Act I FSK 1692/16 compensation for the provided transport services in public transport buses should not be subject to VAT. The article focuses primarily on whether the Supreme Administrative Court rightly recognized them as subsidies similar to donation and subsidy referred to in the VAT Act. In connection with the above, the gloss presents the meaning of donation and subsidy under Polish and EU law. The final conclusion is that compensations involving a reasonable profit cannot be included in a surcharge of a similar nature to the above-mentioned measures, as they are a form of payment and therefore should be subject to VAT. In the remaining scope, however, the position of the Supreme Administrative Court should be shared, taking into account the broad definition of subsidies/subsidies found in EU law.