On 12 August 2020, the Minister of Finance published a proposed law to amend the corporate income tax act and certain other acts (the Draft). The Draft provides for introduction of two new optional taxation rules:

  1. fixed tax on company income, which defers the taxation of income until profits are distributed (the Fixed Tax),
  2. special investment fund which allows for earlier settlement of amortisation of tangible fixed assets (the Fund).

In order to use the Fixed Tax or write-downs to the Fund the taxpayer must meet a number of requirements which in practice make this option unavailable to many entities. The requirements include:

  • activities must be carried out as a limited liability company or a joint-stock company with shareholders being natural persons only,
  • specified investment expenditure must be incurred,
  • income may not be higher than PLN 50 million,
  • financial income must be lower than 50% of total income,
  • the company must have at least 3 employees,
  • no shares in another company may be held.

The Draft provides that the new regulations will take effect already on 1 January 2021. The Draft is currently undergoing the intra-cabinet approvals process. We will keep you up-to-date on the progress of this legislation.

If this issue pertains to your business and you are interested in our assistance, please contact your WTS&SAJA consultant.

Doradztwo Podatkowe WTS&SAJA Sp. z o.o.

Bałtyk Building, 13th floor

ul. Roosevelta 22

60-829 Poznań

tel. (+48) 61 643 45 50

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Al. Jerozolimskie 81

02-001 Warszawa

This Newsletter is provided for general information purposes to keep you up-to-date with changes in tax law, tax rulings by authorities, case law of courts and interesting commentaries. Doradztwo Podatkowe WTS&SAJA shall not be held legally liable for any acts or omissions resulting from reliance on such information.