POLAND Law and Practice Contributed by: Agnieszka Janicka and Krzysztof Hajdamowicz, Clifford Chance
compulsory in the case of payments for certain goods and services. The reverse charge in VAT for the supplies of cer - tain energy products came into force on 1 April 2023 and will remain in force until 31 December 2026. In January 2022, the Polish Ministry of Finance introduced a National e-Invoice System, which is currently a voluntary option but will become mandatory from 1 February 2026 for entrepre - neurs whose value of sales (including the amount of tax) exceeded PLN200 million in 2025, and for other entrepreneurs from 1 April 2026. New tax provisions for VAT groups (tax-neutrality within the group) came into force in 2023. Other Taxes Other taxes may apply from time to time, depending on the type of business, such as property tax, excise duty, tax on civil law activi - ties, tax on means of transport or tonnage tax. 5.3 Available Tax Credits/Incentives Subject to the restrictions and limitations result - ing from the EU state aid laws, some tax incen - tives (such as income and property tax reliefs) may be available to investors that obtain a per - mit to invest in the so-called Special Economic Zones. Some tax relief may also be available for the pur - poses of restructuring. 5.4 Tax Consolidation A tax group that enables a participating com - pany to be treated as a single CIT payer (and to consolidate the profits and losses of the group members) is available to Polish companies that meet the following criteria:
• the registered share capital per participat - ing company in the group is not lower than PLN250,000 on average; • a parent company directly holds at least 75% of the shares in the remaining group mem - bers; • no group member is in arrears in respect of taxes; • no group member may benefit from any tax exemptions or reliefs; and • all transactions between the tax group mem - bers and their affiliates outside the tax group must be on an arm’s length basis. A written agreement to form a tax group for a period of no less than three tax years must be concluded and registered with the tax office. Members of the tax group are jointly and sever - ally liable for the CIT liabilities of the group for the period during which the tax group agreement remains in force. If the status of a tax group is lost as a result of a breach of the applicable obli - gations, each participating company will have to adjust its tax filings for the three most recent tax years (as if the tax group did not exist) and, where applicable, settle any outstanding taxes. Amendment to the regulation is currently in the works and is expected to come into effect on 1 January 2026. 5.5 Thin Capitalisation Rules and Other Limitations Since 2022, taxpayers are obliged to exclude from tax-deductible costs the costs of debt financing for the part in which the excess of the costs of debt financing exceeds PLN3 mil - lion (this does not apply to debt financing costs associated with obtaining funding from a fam - ily foundation, directly or indirectly) or 30% of taxable EBITDA. In addition, the costs of debt financing obtained from affiliated entities are
698 CHAMBERS.COM
Powered by FlippingBook