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16 June 2021

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Poland Announces Proposed Measures to Attract Investment

Poland's Ministry of Finance has issued a release on proposed measures to attract investment as part of the so-called "Polish Deal". The measures include:

  • The introduction of a one-stop-shop for investors that will include the issuance of a single binding investment agreement, "Interpretation 590", which will provide investors a single opinion on all tax consequences for an investment in Poland and remain in force for five years;
  • The introduction of a VAT group regime allowing for the submission of a single group return that will include reduced requirements as compared to the current requirements for capital groups for corporate income tax, including no minimum capital requirements and reduced shareholding requirement of 50% (as opposed to 75%);
  • The introduction of a new Polish holding company regime, providing:
    • a 95% participation exemption for dividends received by Polish holding companies, which may be claimed after one year of ownership (full exemption for EEA and Swiss companies would still be available after two years of ownership); and
    • a 100% exemption for gains from the sale of shares and stock in subsidiaries;
  • The introduction of an option for financial institutions to choose to include their activities within the scope of VAT in order to allow for the deduction of input VAT; and
  • Improvements to the capital group regime, including a reduction in the average capital requirement for the formation of capital groups from PLN 500,000 to PLN 250,000, the allowed merger, transformation, and division of companies in a group, and the removal of the 2% profitability condition.

The proposed measures are to generally apply from 2022.

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