“On Monday, the Marshal will go to the parliament a draft bill amending the vacatio legis, which is to curb output by company profits abroad, so that it can enter into force from January 1, 2015 year” – Szczurek said at a press conference. He added that he hopes to be able to carry out the legislative process to 30 November. He declared also that see to it that the new law was published in a timely manner.
The Minister of Finance has estimated that given by the “Rzeczpospolita” the amount of loss is overestimated. “There have been media estimates of the delay of one element in the Act, which are all overvalued” – said Szczurek,
He noted that the Act is primarily preventive in nature. “The Act introduces equal field for competition between companies operating in Poland. Promotes fair competition and discourages unnecessary tax optimization, and as such we considered appropriate and necessary. This is not about significant financial effects (…)” – he stressed.
He added that the financial impact of this law are not significant. “In general we expected them not in the budget law for 2015. This is not the law, on which depends or may not be state of the public finances” – he said.
present at the conference, the head RCL Maciej Berek said that after examined “very carefully the case” does not see that any of his employees at fault in this matter and take responsibility for themselves. “These suggestions, which appeared in the public space of the intentional action to delay the publication of this law are not confirmed and are unfair to those who are in the process of doing. Which is not removed from me the responsibility for the situation that occurred,” – he said. He noted that the RCL publish from 2.5 to 3 thousand. acts per year.
Berek said that RCL makes efforts to more such delays was not. “Prime Minister (…) is already preparing such a tool and actually already implements that will serve observing the legislative process since the creation of the project, until its publication,” – he stressed.
On Friday, Law and Justice deputy (PiS) reported that the PiS parliamentary club turned to the Speaker of Parliament to supplement the agenda starting next week sitting of the Sejm of the Prime Minister Ewa Kopacz information on the possibility of diminishing budget revenues in connection with the publication date of the Act.
According to PiS is necessary to clarify whether non-publication of the Act was the result of an accidental omission by the officials, the lack of proper supervision by the relevant ministers, and action aimed at facilitating the functioning of the big corporations.
Being prepared by the Ministry of Finance regulations take into account the in an additional foreign income tax returns controlled companies and the taxation of their 19-percent. tax. According to the novella income from controlled foreign companies (the so-called. CFC) would be taxed in Poland, where the company would be national in a foreign entity more than 25 percent. shares. This principle would apply, provided that the tax abroad would be lower by at least 25 percent. than in Poland, and the company does not lead there an actual business.
controlled foreign company will also be recognized any entity located in a country included in the list of countries and territories applying harmful tax competition, published by the Minister of Finance in the regulation. For companies of this type will also be considered entities located in a country with which Poland does not mention tax information.
The new rules will not apply to taxpayers that control foreign companies located in the EU countries and belonging to the European Economic Area (EEA) unless they lead there real economic activities.
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