In view of the increasing number of bank settlements concluded whereby banks relieve borrowers of debt, the questions of borrowers about the correct settlement of such redemptions are multiplied.
As a general rule, tax on income tax on individuals shall be subject to all kinds of income obtained by the taxable person, except those which have been exhaustively listed in the catalogue of exemptions in the above Act or for which the tax collection has been discontinued.
It is important that the conclusion of the Agreement under which the debt is exempted is generally treated as income from so-called other sources.
Based on the Regulation of the Minister of Finance dated 11 March 2022 on the non-collection of income tax on certain incomes (revenues) relating to mortgage credit granted for residential purposes, however, it is possible to cover amounts of write-offs for tax evasion.
It will apply provided that the following conditions are met in total, i.e.:
- the loan was drawn for implementation one housing investment, and for more than one Housing loan – when housing loans were only drawn for implementation one housing investment;
- the loan was granted before 15 January 2015 by credit holders;
- the loan was mortgaged;
- the borrower has not previously benefited from the write-off of another mortgage-backed loan.
Our experience shows that the most doubts arise in terms of:
- meeting the implementation condition one housing investment,
- the method of settlement in the case of credit for the acquisition of immovable property and refinancing of other liabilities of the borrower,
- the place of taxation of income on credit claims for borrowers other than Polish residents.
Given the ambiguity and indetermination of the provisions contained in the above-mentioned Regulation, it is important to carry out an impact assessment of the agreement already concluded or planned.
Our experts have the necessary knowledge in this area, and the support methodology we have developed will allow for a proper and effective tax settlement in the event of credit redemption at CHF under a bank settlement.
If you have any questions or doubts about the subject, please contact us.