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New changes in Poland – PIT and CIT of foreign companies

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The Ministry of Finance prepared May 8th 2013 the project of changes regarding CIT and PIT Acts introducing taxation in Poland on income of foreign companies –  the so called Controlled Foreign Corporations. Income from financial and non-financial business activity of given foreign company would be taxed wit 19% tax rate in the case if at least half of their income were passive income.

The planned change will affect foreign companies from countries with lower of at least 25% PIT and CIT rate, compared to Poland, or where foreign earnings are not taxed at all. The planned changes are due to the EU Directive on the common consolidated corporate tax base. In support of this project, the Ministry of Finance exclude the need for changes to international agreements on avoiding the double taxation. The Ministry of Finance is planning to enter into force the above change starting from January 1, 2014.