Abstract

Changes introduced to the act on corporate income tax with the act of 28 November 2020 concern a few issues independent from one another. The first one regards extending the scope of subjective taxation with another two unincorporated companies, namely limited partnerships and general partnerships.

Another significant change of the examined regulations in regard to counteracting tax optimization is introduction of legal regulations of which aim is solely accessibility of deduction by an entity which takes over losses of the acquired taxpayer.

The purpose of further changes was to determine new rules in regard to documentation of transfer pricing and determining the value of benefits in kind towards a partner by way of dividend due, remitting shares or liquidation of a company.

The lawmaker also introduced new law regulations regarding legal definition of the rules of functioning of real estate-rich company. Taxpayers are obligated to prepare information and make it public regarding tax strategy, and the subject scope of taxing non-residents has been expanded.

It is worth to take into consideration the appearance of the two new procedures connected with punishing taxpayers with a pecuniary penalty by an approved tax authority. The first penalty may be awarded in case of violation by a real estate-rich company of an obligation to appoint a tax proxy. In the second one, the tax authority may punish a taxpayer who violated an obligation to put information on tax strategy for a financial year on their website and failed to inform the head of tax office about the website with the observance of the time limits stipulated in the regulations.