one the tax preferences for alternative investment companies are the possibility to benefit from the exemption from the sale of held shares. This change has entered into force since 1 January 2019.
With the amendment of the Act of 15 February 1992 on corporate income tax (Journal of Laws of 1992, item 86) revenue (revenue) An alternative investment company from the sale of shares or shares (including by way of aport) in a given tax year will be exempt from taxation.
In order for the company to benefit from the exemption, it will have to have no less than 10% shares or shares in the company and so on for a period of time two years.
The exemption does not apply to income from the sale of shares in so-called real estate companies in which 50% assets are real estate located in Poland or rights to these properties.
Another benefit, as well as that of Alternative Investment Companies, is the absence of restrictions on the cost of obtaining revenue, the cost of debt financing.
With the amendment of the legislation, there is an increased chance that Alternative investment companies, which are generally to be used for investments in the private equity and venture capital market, as well as in start-up projects, will begin to develop rapidly in Poland.
Author: Paweł Boś, law student at the Kozminski Academy in Warsaw, employee of Russell Bedford