Back to the insights archive
Tax updates

Personal Income Tax Act signed by the President

On 13 November 2018 The president signed Act dated 23 October 2018 amending the Personal Income Tax Act, the Corporate Income Tax Act and certain other laws.

On 13 November 2018 The president signed Act dated 23 October 2018 amending the Personal Income Tax Act, the Corporate Income Tax Act and certain other laws.

The bill submitted by the Minister of Finance introduces a new reduced CIT rate for taxpayers whose revenues...

On 13 November 2018 The president signed Act dated 23 October 2018 amending the Personal Income Tax Act, the Corporate Income Tax Act and certain other laws.

The Act submitted by the Minister of Finance introduces a new reduced rate of CIT for taxpayers whose revenues do not exceed in a given accounting year 1,200,000 EUR. The new rate is 9% compared to 15% existing so far. Little CIT clearing has a form CIT-8.

Under the new law, it will be possible to include in the cost of obtaining fictitious income interest on the capital left in companies (NID). The solution is to apply from 2020.

Other new solutions include:

  • • repealing the PIT Act of the provision governing the right to preferential taxation of the income of spouses and single-parents from the timely submission of a tax return (i.e. 30 April each year),
  • the introduction of changes relating to heirs who dispose of immovable property or certain property rights acquired in inheritance (the fuller implementation under PIT of succession of inheritance rights related to inherited immovable property),
  • relaxation of the conditions of use of the so-called housing relief, including by extending from 2 to 3 the years during which it can be used,

make changes to passenger cars used in the activity of:

  • increase to 150,000 PLN the amount of the limit on the value of the passenger car to which it is possible to fully deduct depreciation due to the wear of such a vehicle and to increase to 150,000 PLN. the amount relating to the value of the car accepted for the purpose of calculating the insurance premium of the passenger car which may be included in the cost of obtaining revenue,
  • increase to 225,000 PLN the above limit for electric cars,
  • the definition of rules for the accounting of the costs of using passenger cars used for business and other purposes (not related to this activity) – it was assumed that the so-called mixed use would allow the cost of obtaining revenue to be included in the cost 75 operating expenditure;
  • the harmonisation of tax rules on the use of passenger cars by taxable persons in their business, regardless of the type of contract under which the taxable person uses such a car (this means the introduction of limits on the user),

repealing the information and registration obligations relating to the lump sum from the rental, sub-rental, etc.,

  • the elimination of the obligation to make a declaration of choice for rent and sub-rental taxation in the form of a lump sum,
  • the elimination of the obligation for taxable persons to keep records of revenues from private rental and to receive a flat-rate tax on revenues recorded where the amount of revenue is not derived from the lease agreement in writing,

the determination of the cost of obtaining revenues shown in connection with the conversion of debt into capital (including the possibility of taking into account the value of debt, including loans in the cost of obtaining revenue in connection with the transfer of such an obligation as a contribution to the company or cooperative),

repealing the obligation to publish in the Court and Economic Monitor information on the registration and deletion of the tax capital group,

modification of the provision concerning the powers of the head of the tax office in the event of the payer's obligation to pay the tax when transferring profits to share capital,

increase in the amount of the limits, which are included in the cost of obtaining revenue, contributions to associations of employers and entrepreneurs of an optional nature (this limit will increase from 0.15 to 0.25% the wage fund, i.e. a larger part of the contribution to business industry organisations will be included in the cost of obtaining revenue and thus less tax revenue, which will benefit entrepreneurs).

the extension of the scope of the PIT and CIT exemption for all or part of the properties of the agricultural holding,

allowing, under certain conditions, the use of copies of residence certificates (now only the presentation of the original and current certificate of the place of residence of the taxable person for tax purposes - residence certificate - allows the benefit of preferential tax rules; after amendment of the provisions, if the amount of the receivable in favour of one entity does not exceed 10,000 PLN every year, and the information on the copy will not raise any doubt, it will be enough to apply a lower rate of withholding tax, which is charged in Poland on fees paid abroad, to scan the certificate placed on the service provider's website; this will be a great facilitation for taxpayers, because the paper original is currently required and it will make it easier for Polish taxpayers to settle transactions with digital operators).

New solutions are to apply from 1 January 2019 part of the regulation is to enter into force on the day following the date of publication.

Source: premier.gov.pl

Continue exploring our insights.

View the full archive
Tax updates

Judgment of the Court of Justice of the European Union,

The subject of the possibility of a liability being regulated by another person (a different entity) than the taxpayer or tax payer has been controversial for many years.

Tax updates

tenant Non-formal relationships and collateral for common renovation

Nowadays, more and more people who are not in formal relations decide to jointly invest in renovation, for example by borrowing.

Tax updates

Investor Desk, Interpretation 590 – new solutions of the Ministry of Finance for the largest investors

The Ministry of Finance takes action to encourage foreign investors.