Marta Szafarowska All Polish companies using group financing have to prepare for a completely new thin capitalisation rules from January 2015 to avoid significant adverse effects on their tax position. This refers in particular to all those taxpayers who, to avoid such negative effects, use financing granted by their grandparent companies. Basically, existing thin capitalisation rules apply only to loans granted by direct shareholders, provided that such loans exceed the equivalent of three times the value of the company's share capital. Consequently, most of the companies requiring group financing (for example, leasing and CFM companies) have been financed by their grandparent companies. The new provisions envisage not only covering the financing from grandparent companies with thin capitalisation rules, but also the new debt:equity ratio. The thin capitalisation rules will apply if the amount of debt towards related parties exceeds the amount of the company's equity (instead of three times the company's share capital). A very limited netting of debt has also been envisaged – generally, to apply the above rules the loans granted by related parties will be reduced by the loans granted by the taxpayer but only to those related parties. From the perspective of CFM or leasing companies such netting is completely insufficient.
August 28 2014