Fiskus treats the redemption of the loan as an income from which the employer pays the tax on annual settlement. The tax exemption in this respect is no longer applicable 31 December 2018.
The Ombudsman draws attention to the lack of continuity of the legal framework for the taxation of debt restructuring.
Personal income tax (PIT) In 2020 - receive training
The existing regulations in this regard were in force within certain time periods – Regulation dated 22 May 2015 on the non-collection of PIT and corporation tax (CIT) on certain incomes (revenues) of tax payers on personal income tax and corporate tax taxable persons (Journal of Laws of 2015, item 766 – ‘Regulation of 2015”) applicable to income (income) generated from the period from 1 January 2015 up to day 31 December 2016, Regulation dated 21 November 2017 on the non-collection of income tax on certain income (revenue) related to mortgage credit granted for housing purposes (Journal of Laws of 2017, item 2167 – ‘Regulation of 2017”) refers to income (revenue) generated from the date 1 January 2017 up to day 31 December 2018
The current situation of the Frankovichs, namely the possibilities opened by the judgment of the Court of Justice of the European Union dated 3 October 2019 (reference no.
C-260/18) on the Dziubaków State v Raiffeisen Bank International AG, gives a summary to issue a new regulation or to permanently introduce an appropriate exemption to borrowers who manage to enter into an agreement with the bank. It is clear that the remission of part of the debt, e.g.
by giving the bank an unpaid apartment, is not a revenue, and the taxation of the borrower in this situation is often a simple way to get it into the debt spiral.
Author: Katarzyna Kołbuś
Editor leading RB Magazine. From Over 10 years related to industry press, including the Financial Gazette and portal ipip.com.pl, which is devoted to finance, taxation, law, politics and the economy. She graduated from Polish philology at the UMCS and the linguistic text editing at the University of Warsaw