Investor gains tax certainty through agreement with MF
Entrepreneurs, especially foreign ones, who want to open a business in Poland will have the opportunity to sign an investment agreement with the Ministry of Finance. It is supposed to be a guarantee of the application of tax regulations with regard to the planned business.
– The institution of investment agreement is envisaged by the draft amendment to the tax regulations under the Polish Order. New provisions in this area would be included in the Tax Code from next year. This is a completely new form in the national legal order – notes Michał Nielepkowicz, tax advisor, partner in Thedy & Partners.
The new agreement with the minister will be signed by entrepreneurs who invest a minimum of PLN 100 million, and PLN 50 million from 2025. The document will specify the consequences in all taxes for the investor’s planned activity in Poland.
– Currently, if an entrepreneur wants to make sure of the correctness of his settlements with the tax authorities, he has to apply to several different offices for specific documents. For example, he may apply for a tax interpretation – to the Director of the National Fiscal Information, binding excise information – to the Director of the Tax Chamber in Wrocław, a protective opinion – to the Head of KAS. The investment agreement will be an equivalent of all these administrative acts – explains Michał Nielepkowicz.
In order to receive the agreement, the investor or investors will have to apply and pay for it. The initial fee will amount to PLN 50 thousand (it will be returned after the agreement is concluded) and the main fee is to be no less than PLN 100 thousand and no more than PLN 500 thousand. The agreement will be temporary, but will not be able to last longer than 5 years.