Explanations of the Minister of Finance regarding limitation of tax deductible costs connected with acquisition of certain types of services and rights (Article 15e of the CIT Act)
New Article 15e was added to the CIT Act as of 1 January 2018. The provision limits the possibility to include under tax deductible costs expenditure for the acquisition of intangible services as well as fees and amounts due for the use of specific rights (e.g. licences) up to 5% of EBITDA of a given taxpayer.
According to plans of the Ministry of Finance, in case of a will to secure tax effects by an individual binding ruling taxpayers will have to apply for issuance of group binding rulings together with other related parties involved in a transaction. The scope of presented information in the description of background information will be much wider than in applications submitted to date.
As of 1 January 2018, every taxpayer (both of PIT and CIT) who owns a building specified in the law the initial value of which exceeds PLN 10 million has to pay every month a tax in the amount of 0.035% of its initial value (minimum tax).
The Ministry of Finance has recently communicated that in consultation with the European Commission it wants to modify the regulations on the minimum tax.