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

The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Gift this article