In addition to the Estonian CIT, a proposal for a special investment account was put forward in the amendment of the Act amending the Corporate Income Tax Act and some other laws.
This solution is intended to improve the settlement of depreciation of fixed assets. The criteria for using the instrument are the same as for the Estonian CIT, so a special investment account can be established by a taxable person established or managed in the territory of the Republic of Poland if it meets the following cumulative conditions:
- the total operating income realised in the preceding tax year or the value of average operating income, calculated on the last day of the preceding tax year, from the flat-rate tax period, did not exceed 100,000,000 PLN calculated taking into account the amount of tax due on goods and services;
- less than 50% these revenues come from:
(a) from a claim,
(b) interest and benefit on all types of loans,
(c) from the percentage part of the leasing instalment,
(d) guarantees and guarantees,
(e) copyright or industrial property rights, including the sale of those rights,
(f) the sale and implementation of rights from financial instruments,
(g) related party transactions where the value added in economic terms is not generated in relation to those transactions or the value is negligible;
3) taxable person:
(a) employ at least on the basis of an employment contract 3 persons on a full-time basis who are not shareholders or shareholders of that taxpayer for at least a period of time 300 days in the tax year and where the tax year is not a subsequent period twelve calendar months — 82% the days of the tax year, or
(b) bear monthly expenditure in an amount of at least three times the average monthly remuneration in the enterprise sector for the payment of wages to employees under a contract other than a contract of employment at least 3 natural persons, who are not shareholders or shareholders of that taxpayer, if, in connection with the payment of these salaries to the taxpayer, it is the obligation to collect advances on income tax on natural persons and contributions laid down in the Act of 13 October 1998 the social security system;
- is engaged in activities in the form of a limited liability company or a limited liability public limited liability company of which, respectively, only natural persons who do not have the right to receive a benefit as founders or beneficiaries of a foundation, trust or other entity or a legal relationship of a trust nature are shareholders or shareholders;
- does not hold any shares in the capital of another company, the titles of participation in an investment fund or in a joint investment institution, the total rights and obligations in a company that is not a legal person and other property rights relating to the right to receive a benefit as a founder or beneficiary of a foundation, trust or other entity or a legal relationship of a trust nature;
- does not draw up financial statements in accordance with IAS on the basis of the relevant period of taxation Article 45(1a)(1b) Accounting Act;
To benefit from this tax instrument, you will need to:
- set up a special account with Bank Gospodarstwa Krajowego or another bank that will conclude a cooperation agreement with BGK;
- may be transferred to the account from the profit realised for the preceding tax year;
- a write-down from the account may be included in the cost of obtaining the income of the taxpayer;
- the taxpayer will be able to spend the funds collected in the investment account by the end of the following tax year, and if it submits an investment plan, even 3 years,
The investment plan will have to be submitted to the head of the tax office.
Other reductions, e.g. R & D, can also be settled using the investment fund, while the Estonian CIT cannot be joined. The rules are to come into force from a new year.