However, just before the vote, opposition MPs have spoken out critically about the law. Janusz Cichon (PO) said it was “propaganda move” because it will give companies a profit of 56 zł per month. Miroslaw Pampuch (Modern) argued that this story is changing by less than 1 percent. CIT revenues, which shows its small range.
The finance minister Paul Szałamacha replied that the bill “includes exactly what PiS promised in the election campaign.”
The purpose of the amendment is to reduce the rate CIT for small taxpayers 19 percent. up to 15 percent. The reduced rate is to cover the company – CIT payers whose income from the sale (including the amount of tax payable on goods and services) did not exceed 1.2 million per year.
Before the adoption of the whole of the Law Modern MPs rejected an amendment to the reduced rate were not covered by those who have 1.2 million of revenue per year, but those who have an annual turnover of 10 million euros (the so-called. “small entrepreneurs”).
393 thousand. small taxpayers in Poland
Deputy Finance Minister Leszek Skiba reminded in the course of legislative work in the Parliament, that small taxpayers whose income does not exceed 1.2 million per year, in Poland is 393 thousand.
The effect of a fiscal law or decrease budget revenues, is estimated at approx. 270 million zł. The Act contains both changes “sealing” tax collection, which have, according to the Ministry of Finance, align the budget loss.
According to the government in the long term, this story should help to accelerate economic development of Polish and create favorable conditions for increasing enterprise Poles, especially young and well-educated.
The Act contains provisions which prevent the use of the preferential tax rate for entrepreneurs who, for example. will share the company just to take advantage of the reduced rate of CIT. Introduced solution will also affect taxpayers start-ups. Preferential tax rate will not be subject to tax capital groups.
“The rate of 15 per cent. Will narrow the use of”
With the new 15-percent. CIT will benefit very few entrepreneurs – experts tax. Drew attention to the announced by the “clarification” of the Act, which is actually a fight against tax evasion.
Partner at the law firm KNDP Marek Kolibski believes that the rate of 15 percent. It will have a very limited application. CIT is because usually the company’s capital (a disregarded entity and joint-stock companies), whose turnover exceeds 1.2 million euros per year. Lower revenues may have indeed various types of foundations, associations and housing cooperatives and cooperatives, which are also CIT, but for the most part of this tax exempt.
– The number of new companies, which arise after the the entry into force of the amendment and will be entitled to 15 per cent. rates will also be very small. Commencing operations rarely start doing business from a disregarded entity or joint stock company. In this case, count every penny, and setting up and maintaining the company’s capital is expensive – said Kolibski.
“The rules discourage the establishment of companies taxed lower CIT-I”
Kolibski pointed out that the project also includes provisions to discourage the establishment of companies taxed lower CIT-I. It eg. Of proposals for non-cash contributions in kind. – To the company o.o. could start a business, you have to put it some assets, eg. property, patents, equipment. After the amendment of any kind contribution of assets in exchange for shares it will generate tax. He should pay it a partner in that the in-kind contribution brings – explained Kolibski.
He pointed out that under the current rules of such contributions in the tax is not paid (income is the nominal value of the shares), which in his opinion is right; such transactions take place, so to speak “on paper” and do not bring any real income, as they represent only the exchange of assets for shares. “If someone would have to pay tax on the assets contributed to the company being created, I would probably give up her vocation” – believes Kolibski.
the reduction in CIT this action in the right direction, but …
According to him, it is clear that the Ministry of Finance wants to prevent the generation of artificial loss, which the current provisions of aportach help in some situations. – I understand the intentions, they are right (…), but it can be done differently; as in the case of partnerships. There, the contribution is neutral from a tax point of view – no gain, no one loses – said Kolibski. – The amendment will lead to the fact that transactions beneficial to the business will not be concluded, so the IRS can not earn – he added.
The expert believes that a similar effect will be proposed by the Ministry of provisions on the exchange of shares. – This is the stark abuse of tax law also could fight differently – said Kolibski. Positively evaluated while the changes in the regulations that define the income earned in Poland. – Clarification of these regulations will help not only to the tax authorities but also the courts and the Polish tax authorities will have a greater influence on income at the time of their creation flow abroad – said Kolibski.
PAP, Celebrating
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