Poland: Tax law changes on the way in Poland

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: Tax law changes on the way in Poland

mazurkiewicz.jpg

Paweł Mazurkiewicz

The Polish government and parliament are in the process of preparing amendments to the tax laws, which are aimed at the introduction of new taxes and new procedures. Apart from the already enacted (and effective as of January 1 2016) tax on financial institutions, the government and legislature are working on the new proposals, which include:

  • a new retail sale tax (which is aimed at collecting additional taxes from large sales chains);

  • a new anti-abusive clause to be introduced to the tax code;

  • various para-taxes to be implemented (additional fees for delivery of running water, special contribution for state-owned television).

These proposals are either being discussed internally by the Ministry of Finance (for example, retail sales tax) or are subject to the legislative process within parliament (such as anti-abuse rule).

The potential impact of these changes is very serious. The retail sales tax is intended to become as an important source of income for the state budget. The government also wants this tax to help owners of small shops (which were supposed to be exempt from this tax) to compete against large multinational retail chains. However, the issue which slowed down the legislative process on this law was the treatment of franchise networks, which appear to be part of "multinational chains" but the specific retail units are actually run by Polish independent contractors (usually small entrepreneurs). To date, the Ministry of Finance has not decided how these structures should be treated by the new law and the issue has become politically sensitive.

As for the anti-abuse clause, the obvious intention of the government is to eliminate or reduce the scope for lawful tax planning (which, as decided by the Polish courts, was relatively wide). Business is concerned, however, that the new legislation may affect many processes (such as M&A) which are not tax driven. The draft law is still being discussed, but its original shape provided solid ground for such fears.

Paweł Mazurkiewicz (pawel.mazurkiewicz@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

Over two-thirds of survey respondents back the continuation of the UK’s digital services tax, research commissioned by the Fair Tax Foundation also found
Given the US/G7 pillar two deal, the OECD is in danger of being replaced by the UN as the leading global tax reform forum
Cinven’s latest investment follows its acquisition of a stake in Grant Thornton UK in December; in other news, a barrister listed by HMRC as a tax avoidance promoter has alleged harassment
CIT base narrowing measures remain more prevalent than increased CIT rates, the report also highlighted
ITR's parent company, LBG, will acquire The Lawyer, a leading news, intelligence and data-driven insight provider for the legal industry, from Centaur Media
KPMG UK’s Graeme Webster and KPMG Meijburg & Co’s Eduard Sporken outline the 20-year evolution of MAPAs, with DEMPE analyses becoming more prevalent and MAPA requirements growing stricter
Rishi Joshi, of the Institute of Chartered Accountants of India, warns of potential judicial overreach as assets are recharacterised to bypass a legislative exclusion
Only 2% of in-house survey respondents said they were ‘heavy’ users of AI for TP, Aibidia’s report also found
There was a ‘deeply embedded culture within PwC that routinely disregarded formal confidentiality obligations,’ the chairman of Australia’s Tax Practitioners Board said
Jennifer Best was most recently the acting commissioner of the IRS’s large business and international division
Gift this article