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Baltic Accountants and Consultants
STATE AUTHORIZED PUBLIC ACCOUNTANTS
BIURO AUTORYZOWANYCH AUDYTORÓW I KONSULTANTÓW
Polish tax system
1. Basics:
A. Companies:
•
Companies having its legal seat or management office in Poland are considered
Polish corporate tax residents.
•
Resident companies are taxable to Poland on its worldwide income.
•
Companies shall pay::
o
Corporate Income Tax – 19%
o
Social Security Contributions and other employment related Funds – app. 21%
o
Value Added Tax – 22%, and for particular items: 7% and 3%
o
Real Estate Tax shall depend on the item:
§
Land up to 0,66 PLN per square meter ,
§
Buildings – up to 17,98 per square meter
§
Constructions – 2% of value
•
Tax losses can be carried only forward for 5 years (minimum two years).
•
There is no separate capital gains tax, and gains of that kind are part of ordinary
income.
•
Antiavoidance regulations: Thin capitalization rules and transfer pricing rules.
B. Individuals:
§
Individuals having a place of living in Poland are considered tax residents for income
tax purposes.
§
Partnerships are transparent tax –wise, therefore partners are taxed individually on
their share of the profits.
§
An individual shall pay:
o
Personal Income Tax – up. to 40%, with certain exceptions, like:
o
Dividends (worldwide) , capital gains from trading in shares, securities 19%
o
Business income under certain conditions – 19%
o
Social security contributions – app. 19%
o
Value Added Tax 22%, and for particular items: 7% and 3%
o
Real Estate Tax shall depend on the item:
§
Land up to 0,66 PLN per square meter ,
§
Buildings – up to 17,98 per square meter
§
Constructions – 2% of value
§
Tax losses can be carried only forward for 5 years (minimum two years).
§
Antiavoidance regulations: Thin capitalization rules and transfer pricing rules.
Kurt Iversen Baltic Accountants and Consultants
Poland 01524 WARSZAWA, Al. Wojska Polskiego 11
Tel; + 48 22 869 06 66, fax: + 48 22 869 06 60
Paweł Trojanek
Page 1 of 5
Baltic Accountants and Consultants
STATE AUTHORIZED PUBLIC ACCOUNTANTS
BIURO AUTORYZOWANYCH AUDYTORÓW I KONSULTANTÓW
2. Introduction to Polish Tax system
A. taxation of companies
The Polish tax system is a classical tax system. That means that corporate income is fully taxed at
the company level. Corporate Income Tax rate – 19%.The distributed profits are in the hands of the
shareholders by way of a withholding tax.Withholding tax in Poland on dividend 19% unless
preferential rate resulting from a double tax treaty or the EU Directive is applicable. For all non
resident shareholders ( individual shareholders and companies) , the withholding tax is final in
Poland. For resident corporate shareholders the tax on dividend is credited against their corporate
income tax liability, even though the dividends are not added to the total taxable income.
Application of the tax rate under the double taxation avoidance agreement or the one resulting from
the EU legislation shall be possible provided that the taxpayer from another country submits a
declaration stating his place of residence for tax purposes, said declaration having been issued by
the competent tax administration authority "certificate of residence".
1. Losses
Losses may be carried forward for 5 years, up to 50% of the loss may be set off in each year.
Loss carryback is not allowed
.
2. Taxation of nonresident companies
Nonresident companies, for income tax purposes, are legal entities whose legal seat and
management office are located outside Poland. The provisions of Corporate Income Tax (CIT) Act
shall also apply to foreign entities having no legal personality under condition that they are treated as
corporate income tax payers in their home country, as well as to foreign permanent establishment,
when in accordance with the regulations of the foreign country they are corporate taxpayers taxed on
the worldwide income, assuming that they have any Polish source of income.
All foreign entities carrying on an economic activity in Poland are obliged to keep Polis accounts.
If the tax base resulting from Polish books of a foreign entity can not be accepted, it can be estimated
by tax authorities as a percentage of the Polish sales. For instance whole sale and retail – tax base
shall be 5% of the turnover in Poland. Construction – 10%, services of consultants and experts –
80%, agents – 60%, other – 20%. Example: Wholesaler of electronic appliances via its office within
the territory of Poland constituted a permanent establishment (PE. The turnover of the PE was
1.000.000. Polish books showing 10.000 in profits were not accepted by tax authorities. Therefore
the tax assessment was the following. 5% of 1.000.000 = 50.000 (tax base) x 19% (tax rate)=9.500
(tax to be paid).
3. Dividends
Nonresident taxpayers are subject to tax on their Polish source income and capital gains (including
gains on shares in Polish companies) the term used in the Polish Act is “ income from share in legal
persons an other incomes from participation in legal persons. From 1 May 2004, under the provisions
that implement the EC ParentSubsidiary Directive in Poland, dividend distributions by resident
subsidiaries to their nonresident EU parent companies are exempt form any withholding tax. For this
exemption it is required that the EU Parent company is subject to corporate income tax in its sate of
residence and owns at least 20% of the capital of the Polish company for an uninterrupted period of
at least 2 years( it can lapse after payment of dividend).
4. Interest
Interest paid to nonresident companies is subject to final withholding tax levied on the gross amount.
The rate is 20% unless a reduced rate applies under a tax treaty.
5. Royalties
The rate is 20% unless the treaty applies.
6. Consulting and other similar services
There is 20% tax on income derived from advisory services, accounting, advertising, data
processing, market research, recruiting, and management and control services.
As above the double tax treaty can provide different provisions.
Kurt Iversen Baltic Accountants and Consultants
Poland 01524 WARSZAWA, Al. Wojska Polskiego 11
Tel; + 48 22 869 06 66, fax: + 48 22 869 06 60
Paweł Trojanek
Page 2 of 5
Baltic Accountants and Consultants
STATE AUTHORIZED PUBLIC ACCOUNTANTS
BIURO AUTORYZOWANYCH AUDYTORÓW I KONSULTANTÓW
7. Thin capitalization
Interest paid on a loan granted by a shareholder owning at least 25% of the share capital or by a
group of shareholders owning in aggregate at least 25% of the share capital, or
between companies in which another company owns at least 25% of the share capital
is not deductible if a debt to equity ratio of 3: 1 is exceeded.
8. Taxable period
Unless decided otherwise by a tax payer, the tax year for companies is a period of 12 consecutive
months. For those starting up their activity in the second half of the year there is a possibility to
combine the “start up period” till the end the tax year with the next tax year.
9. Tax returns
A preliminary tax return is to be filed till the end of the third month of the following year. The final
return has to be filled in 10 days after the financial statement are approved.
10. Advance payments of tax
Advance payments are to be paid till the 20
th
day of the next following month.
A taxpayer under certain condition can apply simplified form for payment of tax within the tax year.
11. Rulings
On the basis of written application of a tax payer tax authorities are obliged to issue a written
interpretation regarding “the applicability of the tax laws in a particular case”. The interpretation is
binding for the tax authorities.
12. Group treatment
Resident companies with an average capital of 1 million PLN (at least) can form a tax group.
The tax base for the whole group is a difference between profits and losses of all companies of the
group.
13. Transfer pricing
In case of related entities (the same persons performing management, supervision, or controlling in
both entities, family links, shareholdings links assuming minimum 5% holding) Polish tax payers are
obliged to prepare transfer pricing documentation. When the transfer pricing documentation is not
presented in 7days time an eventual difference between taxpayers records and calculation made by
tax authorities can be at 50% rate. In case when prices between the related entities do not satisfy
the arm’s length principle the tax authorities can adjust the prices using primarily the three methods:
the comparable uncontrolled price, the resale price or the cotsplus method.
If the above mentioned methods cannot be applied profit based ,methods can be used.
14. Depreciation and amortization
Depreciation allowances are listed.
Examples of annual rates (%):
•
Buildings and constructions – 1,5 4,5
•
Machines and equipment – 18– 20
•
Computers 30
•
Vehicles, Mobile phones, Cash registers 20
In general the straightline method applies, but the decliningbalance method can be used as well
under certain conditions.
Some items like land and perpetual usufruct to land, certain buildings and structures may not be
depreciated for tax purposes.
15. Double tax treaties
Poland concluded conventions on avoidance of double taxation with 80 countries.
The actual list: http://www.mf.gov.pl/dokument.php?dzial=150&id=9741
Kurt Iversen Baltic Accountants and Consultants
Poland 01524 WARSZAWA, Al. Wojska Polskiego 11
Tel; + 48 22 869 06 66, fax: + 48 22 869 06 60
Paweł Trojanek
Page 3 of 5
Baltic Accountants and Consultants
STATE AUTHORIZED PUBLIC ACCOUNTANTS
BIURO AUTORYZOWANYCH AUDYTORÓW I KONSULTANTÓW
B. taxation of individuals
An individual is considered to be a resident for income tax purposes if his place of living is in Poland.
Partnerships are not taxable entities as such therefore partners are taxed individually on their share
of profits.
Tax is generally levied on the aggregate income from all categories for instance: income from
dependent and independent services, income from business, rental income, investment income.
However certain income items for instance dividends, interest, income from participation in
investment funds, and capital gains from the sale of shares and other securities considering that they
are not arising in the course of a business, are taxed separately at 19% flat rate. Usually tax credit
method applies for withholding tax paid abroad. 19% rate on a difference between revenues and
deductible expenses applies to some business income when applied, except for managerial services
being subject to tax brackets.
1. Taxes on income and capital gains for nonresident taxpayers
Nonresident taxpayers are subject to tax only on Polish source income and capital gains (including
gains on shares in Polish companies.
The following income of nonresidents is subject to final withholding tax:
dividends at 19%;
interest at 20%;
royalties at 20%;
directors’ remuneration at 20%;
income derived from provision of advisory services, accounting, advertising, data processing,
market research, recruiting and management control services at 20%;
income form independent services at 20
Foreigners carrying on an economic activity in Poland can apply for 19% tax.
2. Taxes on capital
There is no wealth tax. Nonresidents who own immovable property located in Poland are subject
tom real estate tax
.
3. Real Estate Tax
The tax rates, which are fixed by the municipal councils may not exceed:
PLN 0,63 per m
2
for land used in businesses;
PLN 0,31 per m
2
for other land;
PLN 0,52 per m
2
for dwellings
PLN 17,42 per m
2
for buildings used in businesses
PLN 5,62 per m
2
for other buildings;
2% of the value of fixed installations.
4. Polish brackets
Tax base
in Polish zlotys (PLN)
Tax amount in zlotys
over
below
37,024
19 per cent of the tax base less 530,08
37,024
74,048
6,504.48 plus 30 percent of surplus over 37,024.00
74,048
600,000
17,611.68 plus 40 per cent of surplus over 74,048.00
600,000
227,992.48 plus per cent of surplus over 600,000
5. Social Security Contributions
Social security contribution Financed by Employer Financed by Employee
As a percentage of
the tax base in total
Pension
9,76
9,76
19,52
Disability
6,50
6,50
13
Sickness
2,45
2,45
Accident
0,97 – 3,86
0,97 – 3,86
Labour Fund
2,45
2,45
Total
20,64
18,71
39,35
Kurt Iversen Baltic Accountants and Consultants
Poland 01524 WARSZAWA, Al. Wojska Polskiego 11
Tel; + 48 22 869 06 66, fax: + 48 22 869 06 60
Paweł Trojanek
Page 4 of 5
Baltic Accountants and Consultants
STATE AUTHORIZED PUBLIC ACCOUNTANTS
BIURO AUTORYZOWANYCH AUDYTORÓW I KONSULTANTÓW
Kurt Iversen Baltic Accountants and Consultants
Poland 01524 WARSZAWA, Al. Wojska Polskiego 11
Tel; + 48 22 869 06 66, fax: + 48 22 869 06 60
Paweł Trojanek
Page 5 of 5
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