personal income tax in poland 2010

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    Poland Introduction into Polish tax system

    Brief history Main types of taxes Tax revenue statistics

    Personal Income Tax (PIT) Subject Scope of tax liability Object Sources of revenue Tax allowances and deductions Tax rates Flat tax rate and lump-sum taxation options Collection

    Objectives of PIT

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    Located in the middle

    part of Europe

    Covers area of 312,685km2 (size of

    New Mexico)

    Population of 38,186,860

    Under communist regime

    till 1989-90

    Member of EU, NATO, UN, WTO,

    OECD

    Local currency is the zloty ($1=

    3.22 ZL as of 11/10/2011)

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    New democratic country needed new tax system First major reforms:

    Personal income taxation (PIT) in 1992 Value added tax (VAT) in 1993

    PIT 1992-today

    Progressive system with three nominal tax rates: 20%, 30%, and 40% Since 1992 gradually reformed

    tax rates changed

    tax scope extended

    some deductions and reliefs added or eliminated

    Reforms supported by process of adapting and harmonizing Polish

    law with EU law In1997 - allowances deducted from tax amount and not tax base In 1999 - created health insurance system based on separate contributions

    and changed way of payment of social insurance contributions In 2008 - reduced personal income rates to 18% and 32%

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    VIU Taxation of Business Entities Fall 2011

    Direct taxes

    Corporate Income Tax (CIT) Personal Income Tax (PIT)

    Tax on Civil Law Transactions(TCLT)

    Real Estate Tax

    Tax on Means of Transport

    Inheritance and Donations Tax Agricultural Tax

    Forestry and Tonnage Tax

    Tax on Dogs

    Indirect taxes

    Value Added Tax (VAT) Excise Duty

    Game Tax

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    2000 2005 2009 2010

    Total tax revenue 119,644 155,860 214,879 222,553

    Indirect taxes of which: 79,671 115,672 154,958 165,190

    Value added tax VAT 51,750 75,401 99,455 107,880

    Excise tax 27,312 39,479 53,927 55,684

    Income taxes of which: 39,956 40,185 59,921 57,363

    Corporate income tax 16,868 15,762 24,157 21,770Personal income tax 23,088 24,423 35,764 35,593

    Source: Central Statistical Office GUS (2011)

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    in Mio. ZL

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    PIT 16%

    CIT 10%

    Excise tax

    25%

    VAT 49%

    Structure of tax revenue in Poland (2010)

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    Source: Central Statistical Office GUS (2011)

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    Regulated by the Act

    of 26 July 1991 on

    Personal Income Tax

    (PITA)

    Refers to income of

    individuals

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    Each natural person with his/her income

    Each tax resident in Poland is obligated to pay taxes,

    independent of the source and origin of the income

    If any personal or economic interests located in Poland or If more than 183 days of the tax year spent in Poland

    Option of joint taxation for couples Married for the whole tax year

    No earned income subjected to the flat tax rate of 19%

    Tax due: twice the amount of income tax due on half of a joint income

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    Unlimited

    Residence in Poland

    Over 183 days of the tax year spent in Poland

    Center vital interests located in Poland

    Subject to taxation on their worldwide income

    Limited

    No residence in Poland

    Subject to taxation only with the income gained inPoland

    Tax treaties

    Used in case of conflict between jurisdictions

    Determine in which country the person is the tax resident

    Prevent double taxation

    Poland has tax treaties with 60+ countries, i.e. USA, UK, Germany

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    Gross employment income Base salary

    Bonuses and awards Compensation for unused holidays Overtime payments

    Income from partnerships Partnership in the meaning of Polish Civil Code Registered partnership

    Professional partnership Limited partnership Limited joint-stock partnership

    Income from joint ownership joint enterprise

    joint possession or joint use of things or property rights

    Dividends

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    Exemptions:

    Scholarships

    Social distributions

    Indemnities (incl.indemnities from the

    insurance of property and

    person)

    Benefits from the employerreceived under health and

    safety regulations

    Revenues obtained from illegal actions from most agricultural

    activities and forestry falling under the Act on

    Inheritance and Donation Tax resulting from separation of

    property co-owned byspouses

    of ship owners which issubject to tonnage tax

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    Revenue from: Dependent services Independent, personally performed

    services Business activity Forestry and special sectors of

    agriculture Rental and lease services Financial investments and property

    rights

    The sale of tangible and intangibleproperty

    Ship owners activities Other revenue

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    If income from more than

    one source

    the sum of all sourcestaxed with exceptions of:

    revenue which is subject to

    lump-sum taxation

    income which is subject to flat-

    rate tax

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    VIU Taxation of Business Entities Fall 2011

    Standard reliefs Non-standard reliefs non-refundable credit of PLN 556.02

    per person.

    tax credit of PLN 1112.40 for each

    underage child and adult child

    attending school.

    Health insurance contributions (up to7.75% of 9%)

    Social security contributions in full

    amount

    Social and health insurance mandatory

    contributions made in EU, EEA, and

    Switzerland work-related expenses

    Expenses for rehabilitation of disabled

    taxpayer or taxpayer who supports the

    disabled

    Blood donation, donations for the

    public benefit and religious practices

    except donations for natural person orbusiness entities (up to 6 %)

    Cost of internetup to PLN 760

    Donations to public benefit

    organizationsup to 1%

    Expenses of purchase of new

    technologies

    workplace = place ofresidence

    workplace place ofresidence

    one workplace PLN 1335.00 PLN 1668.73

    two or moreworkplaces

    PLN 2002.00 PLN 2502.06

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    Tax base in PLNTax

    Over Up to

    PLN 3,091 Tax free

    PLN 3,091 PLN 85,52818% minus amount decreasing the tax PLN

    556.02

    PLN 85,528PLN 14,839.02 + 32% of surplus over PLN

    85,528

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    19 percent flat rate Lump-sum taxation

    Income from:

    non-agricultural activity (if not already

    taxed)

    transfer against payment of securities and

    financial derivatives

    transfer against payment of shares in

    companies with legal personality

    Income from:

    Royalty payments received by person with

    limited tax liability in Poland (20%)

    Dividends and other revenues from

    involvement in profits of legal entity (19

    % )

    Interests or funds in a form of savings,

    holding or investment (19%)

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    Income treated separated from

    other sources Not stated in the annual tax returns

    Subject to flat-rate tax revealed

    in a separate tax return on

    income from capital gains and

    income from business activity

    No tax allowances anddeductions available

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    Charged on yearly basis Tax payments in advance required except lump-sum tax

    Should be collected and transferred by the 20th day of the

    following month except taxpayers who started their own business

    activity

    Annual tax return filed by 30th day of April of the following year

    together with the payment of the difference between final tax due

    and the tax advances

    Required to be collected and transferred by the taxpayer himself

    except in case of remitters

    service relationship

    employment relationship retirement and disability pensions

    in most cases of lump-sum taxation

    Flat-rate of 19 percent undergoes the general rules on submission

    of the annual tax statements

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    1. To collect revenue for the

    government

    2. To encourage or discourage

    certain behavior3. To decrease of social inequality

    in the country

    4. To implement the principle of

    fair distribution of publicexpenses

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    VIU Taxation of Business Entities Fall 2011