Poland: GAAR comes into force in Poland

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Poland: GAAR comes into force in Poland

bauta-szostak.jpg

Justyna Bauta-Szostak

The Act introducing a General Anti-Avoidance Rule ("GAAR") in Poland enters into force on July 15 2016.

The most important feature of GAAR is the right given to the Ministry of Finance to deny, in tax computations, an artificial arrangement (or series of arrangements) with tax savings as its principal purpose if the tax savings are not compliant, under the circumstances of the case, with the provisions and purpose of tax laws.

Arrangements investigated under GAAR will be compared to arrangements that could be made by a reasonable taxpayer following fair market goals. These comparative arrangements will form the basis to assess the tax consequences for a taxpayer.

GAAR will be applicable to tax savings achieved after its effective date, regardless of the actual moment of the transaction.

It means that GAAR may be used retroactively with regard to undertakings or arrangements that were made before its introduction, but the effects of which extend to the present day (e.g. a tax loss generated through past events that is settled in present tax returns, or depreciation write-offs regarding assets acquired in the past).

Taking the above into consideration, all arrangements that result in ongoing tax savings, including those made before the introduction of GAAR, must be thoroughly reviewed in the context of GAAR.

It is important to note that tax-saving arrangements, if deemed artificial by the Ministry of Finance, may no longer be protected by ordinary tax rulings.

A taxpayer concerned with GAAR may request for a special safeguarding tax ruling from the Ministry of Finance. The ruling will be issued within six months. The fee for one ruling is approximately €5,000 ($5,500). The ruling is binding for the tax authorities. However, the ruling may be changed by the Ministry of Finance if it conflicts with the verdicts of the Constitutional Tribunal or the European Court of Justice.

The following arrangements may be considered as artificial (which does not exclude other arrangements from possible investigation under GAAR):

  • Operations unreasonably divided;

  • Intermediaries unreasonably involved;

  • Transactions resulting in a situation similar to the one prior to the arrangement (looping);

  • Transactions consisting of mutually nullifying or compensating elements; or

  • Arrangements connected with a business risk exceeding the expected benefits (other than tax savings) to the extent that one must consider a reasonably acting person not to have chosen this course of action.

GAAR will be applicable to tax savings exceeding approximately €25,000.

GAAR shall not be applicable to VAT, but by virtue of a special, separate provision, the GAAR will be extended to VAT issues under the rule of law abuse, enabling tax authorities to deny VAT effects of artificial arrangements.

Justyna Bauta-Szostak (justyna.bauta-szostak@mddp.pl)

Michalik Dłuska Dziedzic & Partners

Tel: +48 22 322 68 88

Website: www.mddp.pl

more across site & shared bottom lb ros

More from across our site

The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were at £283.7m, would become part of a £1.23bn firm post combination
China and a clutch of EU nations have voiced dissent after Estonia shot down the US side-by-side deal; in other news, HMRC has awarded companies contracts to help close the tax gap
An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
CIT as a proportion of total tax revenue varied considerably across OECD countries, the report also found, with France at 6% and Ireland at 21.5%
Erdem & Erdem’s tax partner tells ITR about female leader inspirations, keeping ahead of the curve, and what makes tax cool
ITR presents the 50 most influential people in tax from 2025, with world leaders, in-house award winners, activists and others making the cut
Cormann is OECD secretary-general
Gift this article