News

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Sale of software with preferential PIT

Income from author's software, which constitutes a legally protected work and was created as part of the conducted research and development activity, may be taxed at a preferential tax rate.

This approach is also confirmed by the tax office, e.g. in its interpretation of 4 May 2022, No 0115-KDIT1.4011.92.2022.1.MK.

– Software is defined as the totality of information in the form of a set of instructions, implemented interfaces and integrated data intended for a computer to achieve designated purposes – it is subject to protection in Poland as a literary work under the Copyright and Related Rights Act. This in turn means that software may be considered qualified IP in the light of Art. 30ca sec. 2 item 8 of the PIT Act, if its creation, extension or improvement is the result of research and development activity. Thus, the income obtained by a taxpayer from a paid assignment to a principal of copyrights to a computer programme being developed – author’s software, which constitutes a legally protected work and was developed as part of research and development activities – qualifies as income from qualified IP within the meaning of Article 30ca Section 7 point 3 of the Personal Income Tax Act. Consequently, it is fully entitled to benefit from preferential taxation of income from this title at the rate of 5% – indicates Adam Allen, tax adviser, partner at Thedy & Partners.

Contact

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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