The package of anti-crisis amendments to the law, the so-called “anti-crisis shield”, has been published in the Journal of Laws of the Republic of Poland (Dziennik Ustaw), in relation to the COVID-19 pandemic. In accordance with the previous announcement, it covers a range of direct measures as well as a number of provisions aimed at deferring and suspending certain entrepreneurial duties.
Wage subsidies from the Guaranteed Employment Benefit Fund
Entrepreneurs that have found themselves in a difficult financial situation due to the COVID-19 pandemic and whose revenues dropped by 15% or 25% in comparison to the appropriate reference period, will be eligible to receive 3-month financing amounting to half of their employees salaries, however not more than 40% of the average remuneration, as determined by the Central Statistical Office.
Rent reductions in business premisses above 2000 m2
During the commercial activities ban in rental premises above 2000 sqm, mutual obligations regarding rent (or other similar agreements) are terminated.
Other subsidy mechanisms
- Downtime benefits
Persons carrying out non-agricultural business activities, agency agreements and service contracts during an economical standstill are eligible for one-off benefits amounting to up to 80% of the minimum wage. The possibility to reapply for the economical standstill benefit will be possible under certain circumstances. Economical standstill benefits will be exempted from the income tax.
- Voucher system for tourism and events industries
In case of contract withdrawals, the refund period will be extended to 180 days for tourism and events industries. In place of refunds, companies are also going to be able to issue vouchers for their future services. The client consent is required.
- New state-aid legislation regarding business rescue and restructuring
The“anti-crisis shield” includes new state-aid instruments allowing business rescue and restructuring enterprises. The aid will be primarily granted through preferential loans. However in case of restructurizations the support may be granted also by taking up shares, stocks and bonds, of the restructured enterprises.
- Amendments to the development institutions system act
The purpose is to enable the Polish Development Fund to finance measures that aim to mitigate the consequences of the crisis , especially the SARS-CoV-2 pandemic.
Other changes:
- The deadline for filing and payment of CIT-8 is extended
- The deadline to submit ORD-U and IFT-2R information is extended and has to be submitted by the fifth month following the fiscal year
- Deadlines regarding the financial reporting are extended
- The deadline to submit transfer pricing information is extended until September 30th 2020 (for entities whose financial or fiscal year had begun after Dec. 31st 2019 and ended before Dec. 31st 2019)
- The deadline for remitters to submit advance payments for remuneration tax for March and April is extended until June 1st
- The deadline to file PIT return is extended until May 31st 2020
- The deadline to pay a minimum tax on commercial real estates is extended until July 20th 2020 regarding the period from March to May 2020
- The obligation to submit the new JPK_VAT (with JPK_VDEK statement) for large enterprises is postponed to July 1st
- The deadline for Polish Intrastat returns for March 2020 has been prolonged to 20 April 2020
- New matrix of VAT rates postponed to 1 July 2020
- A possibility to deduct the 2020 tax loss - up to PLN 5 M - from the 2019 income (retroactive clearance of tax loss)
- The obligation to exclude from tax deductible costs that were not paid on time is lifted
- The right to opt out of simplified advances for small taxpayers
- Tax deductible donations made to selected entities in relation to COVID-19
- One-off depreciation charge from the input value of fixed assets, that were acquired in order to manufacture commodities related to the prevention of COVID-19
- A possibility to file the so-called “voluntary disclosure” through e-form
- The provision regarding turnovers of audit companies is revoked
Suspensory and restrictive measures
- The deadline to submit tax schemes to the National Revenue Administration is extended (no further than until June 30th 2020)
- Changes in regulations regarding the suspension of court proceedings
- Time limits (including limitation periods) stemming from administrative law are suspended
- The National Revenue Administration has been granted power to suspend proceedings (ex officio or at the request of the taxpayer) including tax audits, tax proceedings, customs and tax audits during epidemic state
- The deadline for obtaining an entry to the Ultimate Beneficial Owner Register is postponed until July 1st 2020
- Extension fees resulting from installment payments or deferred payments are temporarily suspended
- A possibility of suspending the administrative proceedings regarding cash receivables
- The application of retail sales tax regulations is postponed until January 1st 2021
- Residential mortgage tax is withheld
- The deadline for perpetual usufruct fees is suspended until June 30th 2020
- The obligation to conclude contracts regarding Employee Capital Plans for certain entrepreneurs is postponed
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