Guide to the Polish minimum CIT rules to be applied from 2024

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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


Guide to the Polish minimum CIT rules to be applied from 2024

Sponsored by

sponsored-firms-mddp.png
percent-2542452.jpg

Konrad Medoliński of MDDP explains the applicability, tax base calculation methods, and offsetting rules of the minimum corporate income tax provisions soon to be introduced in Poland

Polish minimum corporate income tax (CIT) regulations will come into effect from January 1 2024. This 10% minimum tax will be applicable to companies with Polish tax residency and domestic tax capital groups if, during the tax year:

  • They incurred a loss from a source of income other than capital gains; or

  • Their non-capital gains profit was lower than 2% of their total income from sources other than capital gains.

The law includes a guideline for determining a loss for minimum tax purposes, meaning that an accounting loss might not always lead to minimum taxation.

The tax result shall be adjusted by, among others, depreciation write-offs, leasing costs, and 20% of employment costs. These items should be excluded from the calculation of the tax result for minimum tax purposes. Consequently, after reducing the costs by these expenses, the taxpayer's income will increase. If the tax profit calculated after these inclusions results in a profitability higher than 2%, then the minimum tax will not apply.

But if the company is still in the red, it will have to calculate a tax basis for minimum income tax.

The basic and simplified calculation methods

Every taxpayer subject to the minimum tax will be obliged to determine the tax base, for which the regulations provide two methods:

  • The basic method; and

  • The simplified method.

The choice of method depends solely on the taxpayer's decision; therefore, it is recommended that it be preceded by calculations using both methods.

The tax base determined according to the basic rules consists of the equivalent sum of:

  • An amount corresponding to 1.5% of the revenues earned by the taxpayer from sources other than capital gains;

  • A related parties debt financing cost exceeding 30% of tax EBITDA; and

  • Expenses due to (directly or indirectly) related or unrelated entities with management or headquarters in countries considered as tax havens for the acquisition of intangible services, rights to use intangible assets, and the transfer of insolvency risk exceeding by PLN 3 million 5% of the tax value of EBITDA.

The sum of the aforementioned will constitute the minimum tax base under the basic method.

The tax base determined according to the simplified method is the equivalent of 3% of the revenues earned by the taxpayer from sources other than capital gains.

Timing of payment and offsetting

The minimum tax shall be paid once a year, at the time of submitting an annual tax return. There is no obligation to pay minimum tax advances.

It is possible to offset the minimum tax against the CIT paid under general rules, which is beneficial for taxpayers with profits from capital activities and losses from operational activities. Once paid, the minimum tax can be deducted from the CIT paid under general rules in the following three tax years. Therefore, if one year does not go as planned, there is no loss – the minimum tax paid once will reduce the obligation to the tax authorities in subsequent years.

Sector-specific issues

The minimum tax could create a burden for companies operating in industries characterised by low profitability or occasional losses. These sectors include:

  • Hotels, restaurants, and cafés;

  • Transportation;

  • Real estate;

  • Industrial;

  • Processing;

  • Wholesale and retail trade; and

  • Construction.

Final thoughts

It is crucial to note that tax simulations conducted in 2022 when the regulations were issued might not align with the updated rules applicable from January 1 2024. Amendments have been made to the calculation of losses and profitability levels. Additionally, the list of entities exempt from minimum taxation has been expanded.

Taxpayers that have a tax year different from the calendar year will begin applying these minimum tax provisions from the tax year commencing after December 31 2023.

more across site & shared bottom lb ros

More from across our site

Opening doors for existing talent within Baker McKenzie and a desire for enhanced legal capabilities informed Ricardo Perera’s switch from KPMG
Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
The UAE accounted for most Middle East promotions and new rankings, as A&M Tax, Baker McKenzie, Dhruva Consultants and DLA Piper breached the top tier
Spanish-headquartered multinationals lead on reporting quality, while US and Swiss groups lag in the Fair Tax Foundation’s expanded analysis
Former IRS commissioner Danny Werfel joins ITR for a must-listen conversation spanning his time leading the agency, his AI risk framework, and the future of the OECD
Tax and legal services was PwC’s fastest-growing business line last year, helping to put the firm back on a par with its big four rivals
Ex-EY and Hourani & Partners leader Zain Satardien is using flexible staffing and AI-enabled systems to test a leaner model for specialist legal and tax advice
The big four firm is rightfully prioritising transparency and accountability as it seeks to rebuild from its scandal, but a glaring structural issue remains
A recent hiring flurry has taken the firm’s number of partner appointments this year to 121 and put it on track to hit 160 partner target early
Gift this article