On 25 April 2024, a draft Act implementing into the Polish legal system the provisions of the EU Directive on the principles of the global minimum tax (“Pillar 2”) was published.
The planned entry into force of the Qualified Domestic Minimum Top-Up Tax (“QDMTT”) starting in 2025 requires that taxpayers take preparatory actions as soon as possible.
Purpose of the Act
The purpose of the proposed Act is to implement in Poland, resulting from Council Directive (EU) 2022/2523, the principles of the global minimum tax. This means aiming for taxation with top-up tax on capital groups whose effective tax rate (“ETR”) is less than 15%.
The scope of the draft law largely focuses on implementing the provisions of the directive into Polish national law. Additionally, as anticipated, the project includes the introduction of a domestic equalization tax, which will result in obligations for Polish entities from groups subject to this tax.
