KPMG Weekly Tax Review 16 DEC - 23 DEC 2024
ESG reporting: new regulations implementing CSRD provisions.
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Welcome to the next issue of the “Weekly Tax Review” prepared in cooperation with tax experts in KPMG in Poland.
On 17 December 2024, the Act amending the Accounting Act and the Act on Statutory Auditors, Audit Companies, and Public Supervision, and certain other acts was published in the Polish Journal of Laws. The Act implements the Corporate Sustainability Reporting Directive into the Polish law. Moreover, following the EU Delegated Directive, it raises the size threshold for micro- and medium-sized enterprises. This means that more entities will be able to enjoy simplified accounting procedures.
The Ministry of Finance has released material from more than a year's consultation on the maturity of the Tax Control Framework. The document is the culmination of efforts by experts, advisors, and business representatives who contributed their experiences and insights from their involvement in the Tax Control Framework program. Consequently, a model for assessing the maturity level of the Tax Control Framework has been developed, along with a set of guidance and best practices for its implementation. The purpose of the document is to offer guidance and best practices for the effective implementation and operation of various elements of the Framework.
On 18 December 2024, the Council of Ministers passed the bill on the conditions of permissibility of employing foreigners in the territory of the Republic of Poland. The new regulations aim to reduce the cases of fraudulent work permits used to enter the Schengen area, thereby enhancing security in the labour market. Importantly, the bill includes provisions on integration programs for foreigners, such as assistance with learning Polish, and gives Labor Offices the competence to establish specialized centres to support foreign workers in the labour market.
On 16 December 2024, the regulation bringing a temporary release form the obligation to submit the z JPK_CIT_KR_ST file was published in the Polish Journal of Laws. Under the regulation, CIT payers, companies forming tax groups, as well as entities without legal personality, will be exempt from the obligation to submit data from the records of fixed and intangible assets transferable under the CIT Act in the first year of the regulation’s effect. The aim of the new solution is to ensure that taxpayers have enough time to adjust their financial and accounting systems to the new JPK [SAF-T] regulations related to the CIT scheme.
According to the judgment delivered by the Supreme Administrative Court on 18 December 2024 in case II FSK 372/22, if an entrepreneur exercises stock options received as part of their business activities, the income generated from the acquired shares should be classified as revenue from business activities. In this case, the relief provided under Article 24(11) of the PIT Act does not apply. If an entrepreneur exercises stock options received while employed by a company unrelated to the one organizing the incentive scheme, the income from these shares should be classified as revenue from other sources.
On 19 December 2024, the President signed into law an amendment to the Act on Packaging and Packaging Waste and certain other acts, which postpones the implementation of the deposit-refund system in Poland from 1 January 2025 to 1 October 2025. In addition to postponing the implementation deadline, the amendment introduces several other changes. It mandates that each municipality in Poland must have at least one fixed collection point for packaging and packaging waste and excludes the collection of packaging for milk and dairy products from the system. The new legislation also establishes a three-month transition period for products not labeled with a deposit-refund system marking.
The National Fund for Environmental Protection and Water Management [Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej] announced a new scheme of subsidies for the purchase of electric vehicles, valued at PLN 1.6 billion. The new scheme is to replace the existing “My Electric Vehicle” [Mój Elektryk] program. The call is scheduled to be launched at the beginning of February 2025. It is open to individuals and sole traders but is not intended for other categories of businesses. Under the new program, subsidies of up to PLN 40 thousand will be granted for the purchase, lease and long-term rental of electric vehicles.
Tax Alert KPMG „Nowy program dopłat do samochodów elektrycznych”
With the implementation of the DAC7 into Polish law, platform operators who provide their platform or parts thereof to sellers now face new registration and reporting obligations. On 16 December 2024, the Ministry of Finance released tools to assist platform operators in meeting these requirements.
The solutions implemented allow platform operators not using the API to upload XML files of up to 100 MB.
The Ministry of Finance has made available:
- The WEB DPI application, which facilitates the completion and visualization of DPI-FR and DPI-IS forms, available at https://kwd.mf.gov.pl/dpi/start
- The Data Exchange component, which allows forms and the InitUpload files to be uploaded without the use of a REST API key, available athttps://kwd.mf.gov.pl/client/upload
https://www.gov.pl/web/kas/narzedzia-wspierajace-operatorow-platform-cyfrowych
