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

The software space was previously more fragmented, but that model is becoming more difficult to sustain as tax administration becomes increasingly digitised
While some may argue that heads should roll following KPMG Australia’s audit leak scandal, client and revenue data emphasises that tax team stability is paramount
A landmark ruling on LLP taxation has clarified who truly holds ‘significant influence’ and which partnership structures are most likely to withstand HMRC scrutiny
Chris Jordan promoted tax schemes to clients and received illicit payments, it has also been alleged
Solving the UK's fiscal deficit requires an ‘ease of doing taxes’ framework driven by tax-as-code – not thousands of additional auditors
Despite the ongoing audit controversy, the firm’s tax and legal division saw revenue growth of 10.9%
Fresh from the UN negotiations in New York, Alex Cobham offers ITR readers a rare first-hand perspective on the future of international tax cooperation
Around 450 client-facing roles are due to be axed next week, it has been reported
The OECD may be making a mistake if a 2029 review is intended to outlast Trump in the hope of more favourable treatment from the US Democrats
Nexdigm has invested in Singapore-based infer360, a TP intelligence product designed by ex-PwC partners
Gift this article