News

01

Changes to the “Shifted Income” Regulations – What Is the Legislator Planning?

Poland plans to amend its rules on shifted income taxation. Learn what the proposed changes in CIT and PIT could mean for cross-border related-party transactions.

Since 2022, the so-called shifted income regulations have raised numerous practical concerns. In the latest draft amendment to the CIT and PIT Acts, the legislator has proposed several important clarifications that may significantly affect taxpayers’ settlements.

What is shifted income?

The mechanism applies when a taxpayer includes in tax-deductible costs certain intangible services or passive payments made to related entities. If these exceed 3% of total costs, they may become subject to a specific shifted income tax.

The tax obligation arises if the recipient of the payment:

  • is a low-taxed foreign related entity,

  • transfers at least 10% of its revenues to another entity,

  • and until now – derives over 50% of its revenues from intangible services and passive payments received from Polish companies.

 What’s changing?

The proposed amendment provides for:

1️. clarification of how shifted income should be calculated within tax capital groups,

2️. confirmation that not only incurred but also accrued costs (e.g. depreciation) are covered,

3️. removal of the 50% revenue structure condition.

 Why it matters

This last change could considerably broaden the scope of the regulations. It will be enough for a low-taxed foreign contractor to transfer 10% of its revenues further to trigger the tax consequences.

As a result, Polish taxpayers using foreign service providers may face new compliance obligations and a higher risk of taxation.

What about the Ministry’s guidelines?

The Ministry of Finance recently published official guidance on shifted income taxation. Following these guidelines provides taxpayers with protection similar to an individual tax ruling.

However, a key question remains: will this protection remain valid after the amendment comes into force?

Since the draft only partially modifies the current provisions, the guidelines should largely remain applicable – though it’s uncertain how the tax authorities will interpret them in practice.

Contact

02

Headquarter
in Warsaw:

ul. Moniuszki 1A
00-014 Warszawa
+48 (22) 629 09 17
biuro@thedy.pl

Designate a route

Branch office
in Katowice:

ul. Dworcowa 4 (Old Railway Station)
40-012 Katowice
+48 508 018 322
biuro@thedy.pl

Designate a route

Branch office
in Poznań:

ul. Królowej Jadwigi 43 (Business Link Maraton)
61-871 Poznań
+48 537 555 135
biuro@thedy.pl

Designate a route

Branch office
in Wrocław:

ul. Szczytnicka 11 (Green2Day)
50-382 Wrocław
+48 606 443 050
biuro@thedy.pl

Designate a route

Thedy & Partners sp. z o.o.
Tax advisory services
KRS: 570600
NIP: 113-289-37-45
REGON: 362235613
Capital: 150.000 PLN

T&P ADVISORY Sp. z o.o.
Stanisława Moniuszki 1A
00-014 Warszawa, Polska
NIP 5253065920

T&P Finance sp. z o.o.
KRS: 957685
NIP: 522-322-04-16
REGON: 521400905
Capital: 6.000 PLN
 

T&P ACCOUNTING P.S.A.
Stanisława Moniuszki 1A,
00-014 Warszawa
NIP: 5253101248