On 19 November 2024, the Act on top-up taxation of members of multinational and domestic enterprise groups, implementing with delay Council Directive (EU) 2022/2523 of 15 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union was published in the Polish Journal of Laws.
The new law provisions are to come into effect in Poland on 01 January 2025.
The GMT introduced by the Global Anti-Base Erosion (GloBE) Rules, is a key part of Pillar Two of the two-pillar. This groundbreaking solution, agreed upon by over 140 countries under the Organization for Economic Co-operation and Development (OECD), mandates that the largest multinational enterprises (MNEs) will be required to pay a minimum of 15% tax on their income, no matter where they are based or where their profits are reported. The global minimum tax aims to address growing concerns over tax avoidance and the use of tax havens by large corporations to evade paying taxes.
The primary goal of the global minimum tax is to prevent multinational companies from shifting profits to low-tax or no-tax jurisdictions, a strategy that has long been exploited to avoid paying taxes in higher-tax countries. By setting a global minimum tax rate of 15%, the initiative intends to ensure that large corporations contribute fairly to the countries in which they operate.
Still, despite the delay, Polish entities that are part of international groups whose annual consolidated revenues exceed EUR 750 million, may be covered by the global minimum tax regime due to regulations in force in other countries. This applies in particular to the obligation to calculate ETR for the purposes of preparing a global tax return (global information return).
The mechanics of the global minimum tax
The global minimum tax will primarily affect multinational corporations with annual revenues exceeding €750 million. These companies will be subject to the new rules, which will ensure that they pay at least a 15% tax on their income, regardless of where their profits are booked or where they conduct business.
If a multinational company is taxed at a rate lower than 15% in a particular jurisdiction, the home country of the company can impose a global “top-up” tax to make up the difference. For example, if a company operates in a country with a tax rate of 10% and the global minimum tax rate is set at 15%, the home country of the company can impose an additional 5% tax to ensure that the company is paying the required minimum amount.
This ensures that multinational companies will no longer be able to escape paying their fair share of taxes simply by shifting profits to jurisdictions with low tax rates.
Why this change matters
The global minimum tax is a response to the increasing use of tax avoidance strategies, including the use of tax havens, by large multinational companies. These companies often set up subsidiaries in low- or no-tax jurisdictions to artificially lower their tax burdens. This practice has led to growing concerns that large corporations are not contributing their fair share to the economies in which they operate, while smaller businesses, which cannot take advantage of such schemes, are left to shoulder a disproportionate tax burden.
The new tax regime is designed to curb these practices and restore fairness to the global tax system. By setting a global minimum tax, the OECD aims to reduce the incentive for countries to engage in a “race to the bottom,” where they lower tax rates to attract multinational businesses. This can create a situation where corporations pay very little in taxes, undermining public services and creating a strain on government finances. With the global minimum tax in place, governments will no longer have to compete solely on the basis of tax rates, allowing them to pursue more balanced and equitable tax policies.
Benefits
One of the key benefits of the global minimum tax is that it ensures that multinational corporations pay a fair share of taxes. The new tax rules will allow governments to collect more revenue from these companies, which will, in turn, help fund public services such as healthcare, education, and infrastructure. Additionally, by reducing tax avoidance, the global minimum tax helps restore trust in the tax system, ensuring that all businesses contribute to society in a fair and transparent manner.
Challenges and criticism
Critics warn that the implementation of the global minimum tax could lead to increased complexity and administrative costs for both governments and businesses. Groups of companies subject to the global top-up tax will be required to calculate an Effective Tax Rate (ETR) on income for each jurisdiction in which they operate.
Smaller countries that rely on low tax rates to attract multinational corporations may also feel the impact of the new rules, as they could lose their competitive edge in attracting foreign investment.
Another concern is that the new tax system could result in a patchwork of different tax rules, with different countries imposing top-up taxes in varying ways. This could create additional compliance burdens for multinational corporations and complicate the international tax landscape.
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