The significant changes in the jurisdiction of tax authorities entered into force on 01.01.2021. The changes were introduced by the regulation of the Minister of Finance, Development Funds and Regional Policy of 28.12.2020 on certain taxpayers and tax remitters for whom activities are carried out by the head of a tax office other than the locally competent one, and by the regulation of the Minister of Finance, Development Funds and Regional Policy of 28.12.2020 amending the regulation on the jurisdiction of tax authorities.
As a consequence of the above changes:
1) an entity with foreign capital which, as part of its business activities, achieved net revenue from the sale of goods, products and services of less than EUR 3 million, and which so far has been under the jurisdiction of a specialized (the so-called “large”) tax office competent with regard to its seat, is – from 01.01.2021 – under the jurisdiction of a general tax office (the so-called “small” tax office);
2) an entity which, as part of its business activities, achieved net revenue from the sale of goods, products and services of at least EUR 3 million and not exceeding EUR 50 million, is under the jurisdiction of a specialized (the so-called “large”) tax office competent with regard to its seat. In this case, the share of foreign capital in a given entity is not taken into account;
3) an entity which, as part of its business activities, achieved net revenue from the sale of goods, products and services exceeding EUR 50 million, is under the jurisdiction of the First Mazovian Tax Office in Warsaw. In this case, the share of foreign capital in a given entity is not taken into account.
From 01.01.2021 limited partnerships will become taxpayers of corporate income tax. Until then, limited partnerships will remain tax transparent and only their partners will be taxed. Whereas from that date limited partnerships will be taxed similarly to limited liability companies. The reduced tax rate will be 9% – if annual revenues are not more than EUR 2 million, and 19% in other cases. In addition to income taxation of the partnership itself, the partnership’s profits paid to its partners will be taxed as well. Partners of limited partnerships will be subject to taxation on their income in relation to their share in the partnership’s profit.
These changes were introduced by the Act of 28.11.2020 amending the act on personal income tax, the act on corporate income tax, the act on flat-rate income tax on certain revenues earned by natural persons and some other acts (Journal of Laws of 2020, item 2123, of 30.11.2020).
The possibility to postpone the date
The limited partnership may decide that the amended provisions will apply to this partnership and both the revenues and the costs related to participation in this partnership from 01.05.2021. In such a case, the limited partnership obtains the status of a corporate income tax payer as of 01.05.2021.
Important: The decision to make use of the abovementioned possibility must be taken by 31.12.2020. As a rule, if nothing else results from the deed of limited partnership, this decision must be made by the partners in the form of a resolution.
The requirement to close the accounting books
In any case, the limited partnership is obliged to close the accounting books on the day
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