Since the start of the invasion of Ukraine, many companies have been making donations to support relief efforts following the invasion. In this commentary we review the main corporate income tax implications of these donations for Spanish or Polish resident donor legal entities.
On March 12 2022 the Act on aid to citizens of Ukraine in connection with armed conflict on the territory of this country came into force. The special purpose act, in addition to regulating a number of issues related to the refugee’s stay in Poland, allows for favorable tax treatment of humanitarian aid expenditures incurred by corporations. At the same time, tax deductions that had already existed before the special purpose act came into force are still available for the taxpayers. The possibility of benefiting from both tax preferences for the same expenditures simultaneously remains an open question.
Poland has plans to build the largest infrastructure project in the EU connecting Europe and Asia and making the country a passenger and cargo hub. This initiative, expected to mobilize over €30,000 billion, presents an opportunity for Spanish companies, not only in construction but also in other sectors connected to the rail sector.
On November 15th, the Polish President approved immense amendments to the tax law, significantly affecting tax position of foreign investors, domestic companies and individuals.
On 8 September, the Polish Government referred to the Parliament (Parliamentary document No 1532) a proposal for extensive changes concerning, among other things, tax law, and affecting the tax situation of both foreign investors and domestic businesses, and individuals. It has been announced that the relevant legislative acts will be adopted by the end of September.
The government has announced the allocation of an additional PLN 30 billion to continue support for entrepreneurs under the new anti-crisis programme in the second quarter of 2021. In April alone, the amounts paid out to entrepreneurs will total PLN 7 billion - by comparison, in March the sum of support amounted to PLN 3 billion. According to the government's announcements, the measures will mainly focus on maintaining jobs, but the new programme is also to be a background of the spring economic rebound that will follow the third wave of the pandemic.
On January 1, 2021, a new law on public procurement, adopted by the Polish Parliament on September 11, 2019, entered into force, (Journal of Laws of 2019, item 2019) . The new regulation aims to organize the public procurement system and further harmonize it with EU law.
The provisions of the CIT Act, which came into force on 1 January 2021, oblige taxpayers with revenues exceeding EUR 50 million and tax capital groups, to prepare and publicly announce a tax strategy report.
On January 21, 2021, the President of the Republic of Poland signed the Act on the Promotion of Electricity Generation in Offshore Wind Farms (Offshore Act), which is expected to give momentum to the Polish renewable energy industry and form part of Poland's energy security system.
The Finance Ministry has published a bill of amendment to the laws governing corporate income tax (bill of September 15, 2020). The bill states that corporate income tax will start being levied on limited partnerships, and places new obligations on the so-called “real estate” companies (spółki nieruchomościowe). Another new piece of legislation places large taxpayers under obligation to publish reports on compliance with their tax strategy.