Wednesday, July 20, 2016

15-percent. CIT overruled by the Sejm – Onet.pl

 
  Photo: PAP
 
 
  WARSAW SEJM IPN KAMIŃSKI INFORMATION (Łukasz Kamiński)
 
 
 

The Sejm held a debate on the report committee against the draft amendment of the Act. Its aim is to reduce the corporate tax rate 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.

How reminded on Wednesday in parliament, Deputy finance Minister Leszek Skiba, including such small taxpayers in Poland is 393 thousand. According to the Ministry of Finance fiscal effect, which is lower budget revenues, it is estimated at approx. 270 million zł. The project is included also the change “sealing” tax collection, which have, according to the Ministry of Finance, align the budget loss.

the introduced solution will also affect taxpayers start-ups. Preferential tax rate will not be subject to tax capital groups.

During Wednesday’s debate, the project supported the biggest clubs PiS and PO though acting on behalf of the other former Deputy finance Minister Janusz Cichon said that the new solution will complicate the tax system and may create opportunities for its handling.

“On the one hand, tightening the system, with the other generate an environment for abuse,” – said Cichon. In his opinion, the average annual profit for the one company with the introduction of 15 per cent. the rate will be 670 zł, so it might be better to wait with changes announced by the government unified tax file.

Marek Jakubiak (Kukiz’15) argued that “there is a cosmetic change.” “And what about 1 million 700 thousand. PIT taxpayers? They will still pay a higher, 19-percent tax” – pointed.

as a “cosmetic” described the novel as Mirosław Pampuch (Modern), according to which the rate change will indeed most payers CIT, but very little will change the revenue from this tax, which means that the change is very important.

Deputy Modern amendment on behalf of his club 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 euro (ie. “Small entrepreneurs”).

On the other hand Genevieve Tokarska (PSL) argued that the cost reduction rate will be incurred by the entrepreneurs themselves, because the government draft also introduces solutions sealing tax system recognizes as revenue eg. the revenue generated from securities and derivative financial instruments is due to the transfer of shares in the company. “This is translating from one pocket to another,” – said deputy PSL.

With the words Tokarska argued Deputy Minister Chunk. He argued that the reduction rate will apply to all small businesses, and the “compensation” will be taken only from those who use tax optimization. “It’s hard to say that these are the same entrepreneurs” – he argued.

Skiba reported on Wednesday deputies, that reduced 15 percent CIT rate will be able to use approx. 90 per cent. CIT taxpayers, more than 390 thousand. companies. According to the government in the long term, this solution should help to accelerate economic development of Polish and create favorable conditions for increasing enterprise Poles, especially young and well-educated.

the project also contains provisions that prevent the use of the preferential tax rate for entrepreneurs who, for example. will share the company just to take advantage of the reduced CIT rate.

in addition, it plans to further specifying the changes in the current legislation so as to eliminate the doubts of interpretation may result in avoidance of some income.

proposed rule, which provides for reduction of application set out in the Act, preferential taxation of transactions of exchange of shares. The project says that these rules do not apply in cases where the main or one of the main objectives of the exchange of shares is to avoid or evade tax.

More details were also cases in which the income of a taxpayer subject to limited tax liability is deemed to be obtained on Polish territory.

CIR explained after the adoption by the government that the introduction of preferential taxation in CIT PIT without taking into account the existing rules for taxation of income (revenue) derived from economic activity by individuals. It was pointed out that they can benefit from tax on general principles, that is, according to the tax scale: 18 percent. and 32 per cent. linearly or 19 percent. or by means of simplified, flat-rate form of taxation, ie. a lump sum on recorded income or tax card. “CIT Taxpayers do not have the choice,” – noted.

“The most important thing is that the entrepreneur paid in Poland, lower taxes “- summed up Wednesday’s debate Skiba. A government project, he said, is introduced.

As the project reported the amendment, it will go back to the committee , although the vote will probably still at the ongoing session of the Sejm.

Representatives of Modern Kukiz’15 and PSL They not declared how they will vote.

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