The article aims to cover the issue of foreign entities having a “fixed establishment” in a given country. A phenomenon discussed at length in recent months, but one that entities conducting digital business seem to have not really explored in great detail in the context of determination of the principles of taxation of VAT transactions. In this article, we will attempt to analyse the definition of FE on the basis of both binding legal regulations and the existing Polish and EU judicial decisions. At the same time, we will try to answer the question about the impact of the practice of tax authorities pursued in the area of interpretation of the conditions for a FE to be established on the stability of tax settlements of taxpayers operating in the digital industry. In addition to that, the authors will also try to arrive at a balance among the current views on FE, which depict Poland from the tax administration perspective as a country with highly unstable tax practices, detached from logical arguments and unaware of the nature of business.

The author is searching for an answer to the question of whether the European Union needs own solutions in the area of taxation of digital economy and whether the solution offered by the European Commission, which is taxation of significant digital presence, can be effective in taxing the digital economy of the European Union. To this end, a number of references to selected standpoints of international doctrine, OECD regulations, and the draft of the Directive has been made in this paper.

It has been several years since the search for solutions that would improve and increase the supervision and control of tax authorities over the taxable persons’ turnover made from selling to natural persons started. The legislative activities currently undertaken in this domain (especially the implementation of online registers) are oriented towards the increasing digitalisation of the process in question, supplementing the already existing solutions (such as the obligation to file electronic VAT return forms and SAF-T [PL: JPK] files).

A review of solutions which serve the taxation of the digital economy allows for the statement of a thesis that there are many methods which could tax business activity based on digital technologies. One should remember, however, that there also must be consensus and political will in order to introduce them. Due to the lack of consensus at the global level, on 21 March 2018, the European Commission presented two draft directives which were to ensure the taxation of enterprises conducting business in the European Union in the area of digital economy: the Directive laying down rules relating to the corporate taxation of a significant digital presence and the Directive on the common system of a digital services tax on revenues resulting from the provision of certain digital services. The drafts of the Directives presented by the Commission are the beginning of the legislative work at the Union level. One should ask the question whether the European Union needs its own solutions regarding the taxation of the digital economy. In this paper,
the author attempts to evaluate whether the target solution proposed by the Commission, that is, the taxation of a significant digital presence, i.e. a digital establishment,
can be an effective tool for the taxation of the digital economy in the European
Union. For this purpose, subsequent references were made to selected opinions
of international doctrine, OECD regulations and the draft of the Directive.

The article aims to cover the issue of foreign entities having a “fixed establishment” in a given country. A phenomenon discussed at length in recent months, but one that entities conducting digital business seem to have not really explored in great detail in the context of determination of the principles of taxation of VAT transactions. In this article, we will attempt to analyse the definition of FE on the basis of both binding legal regulations and the existing Polish and EU judicial decisions. At the same time, we will try to answer the question about the impact of the practice of tax authorities pursued in the area of interpretation of the conditions for a FE to be established on the stability of tax settlements of taxpayers operating in the digital industry. In addition to that, the authors will also try to arrive at a balance among the current views on FE, which depict Poland from the tax administration perspective as a country with highly unstable tax practices, detached from logical arguments and unaware of the nature of business.