Monitor Podatkowy

no. 3/2022

Tax effects of a judgement or settlement regarding the Swiss franc issue

DOI: 10.32027/MOPOD.22.3.4
Tomasz Karlikowski
Autor jest radcą prawnym w XALTUM Kancelaria Radców Prawnych Barczak Rozpara sp. k.
Abstract

Credit recipients, who drew indexed or denominated loans in CHF, increasingly question the validity of their loan agreements. For the past three years, more than 90% of court judgements have sided with credit recipients and stated the invalidity of those agreements – which results in adjudging repayment of unfairly paid instalments to credit recipients. The bank sector responded with settlements, which generally means changing loan currency to PLN and partial debt amortization. The author analyzes the effects of both options of solving the “franc” loan problem based on the act on personal income tax.