Poland: Changes to income taxes coming in 2018

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Poland: Changes to income taxes coming in 2018

Sponsored by

sponsored-firms-mddp.png
intl-updates-small.jpg
dziedzic.jpg

Monika M Dziedzic

In July 2017, Polish authorities published a draft of revolutionary amendments to Polish income taxes, which are expected to come into force from January 1 2018 once officially issued. The key measures are:

  • Limitation of tax deductibility of interest on debt financing (including both related and unrelated parties) to 30% of EBITDA (earnings before interest, tax, depreciation and amortisation) once they exceed a certain level per year. Current thin capitalisation regulations will be derogated after one year;

  • Limitation of tax deductibility of cost of intangible services (including, for example, accounting and marketing to 5% of EBITDA once they exceed a certain level per year. Whether the limit will apply to both related and unrelated purchases is still under discussion;

  • Separate taxation of capital gains and operating profits for those paying corporate income tax (CIT), which will mean that cost of/loss on financial/equity operations will not be deductible against operating profits any longer;

  • A minimum CIT rate of 0.5% on the initial book value of some commercial real properties (retail and service buildings like: shopping malls, office buildings);

  • Interest on profit participating loans will be taxed as dividends for the lender and will be non-tax deductible for the borrower;

  • Extension of the real estate clause (gain on disposal of shares in real estate companies to be taxed in Poland) to redemption of shares, liquidation of company, stepping out from a partnership, reduction of capital in a partnership;

  • Participation exemption, will not apply to redemption of shares on liquidation any longer;

  • Income from closed-end investment funds without redemption of certificates will be taxed as dividends (19% withholding tax in Poland unless an applicable tax treaty does not provide otherwise);

  • Income from incentive programmes based on derivatives, not resulting in the acquisition of shares, will be taxed at progressive personal income tax rates (up to 32%) instead of the 19% rate applicable to capital gains; and

  • Special flat rate tax of 8.5% (of income) of personal tax which optionally may apply to the rent of real estate will not be available to individuals with annual rent income higher than €25,000 ($30,000).

Since August 12 2017, one can make one-off tax depreciation of payments for some categories of new fixed assets up to €25,000 per year instead of depreciation over the statutory asset's lifetime.

Monika M Dziedzic (monika.dziedzic@mddp.pl)

MDDP

Tel: +48 22 322 68 88

Website: www.mddp.pl

more across site & shared bottom lb ros

More from across our site

An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
CIT as a proportion of total tax revenue varied considerably across OECD countries, the report also found, with France at 6% and Ireland at 21.5%
Erdem & Erdem’s tax partner tells ITR about female leader inspirations, keeping ahead of the curve, and what makes tax cool
ITR presents the 50 most influential people in tax from 2025, with world leaders, in-house award winners, activists and others making the cut
Cormann is OECD secretary-general
Woldenberg is CEO of Chicago toymaking company Learning Resources
Lula, as he is commonly known, is Brazil’s president
Agarwal is director for indirect tax operations at shopping mall operator Majid Al Futtaim
Gift this article