On August 24, 2018, the Polish Ministry of Finance published a draft act amending the act on personal income tax, the act on corporate income tax. One of the proposed changes was the introduction of preferential taxation of income from intellectual property rights (the so-called “IP Box” or “Innovation Box” relief).
Innovation Box – IP Box allowances – were introduced to the Polish Personal Income Tax Act (“PIT”) and to the corporate income tax (“CIT”) as a preferential form of taxation (preferential taxation of earned income) for entrepreneurs obtaining income from commercialization of intellectual property rights. Qualified intellectual property rights are obtained after submitting an application to the appropriate body – then it is possible to take advantage of this relief.
IP Box has been implemented in other countries, including: the Netherlands, Great Britain, Ireland, Luxembourg.
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The scale of international investment in Poland in recent years
According to analyses, 2021 a record year in terms of the number and value of investments in Poland. From the beginning of the last year, 402 investment support decisions were issued. By analogy, in the same period last year this was a difference of 56%. The value of investments in 2021 was approximately 17.3 billion PLN, which is an increase of 14% compared to the whole of 2020.
Since the beginning of the Polish Investment Zone (which is an instrument thanks to which one can obtain tax relief for the realization of a new investment, which can be used throughout Poland, regardless of the size of the company. Such support is granted to companies from the industrial and modern services sector), 1209 decisions on investment support have already been issued. 2021 declarations accounted for 33% of the total and were declarations of over 9500 new workplaces.
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Polish National Register of Debtors
The entry into force of the Polish Act on the National Debtors Register on December 1, 2021, constitutes an extremely important modification of the legal order in the area of restructuring and bankruptcy in Poland.
The main assumption behind this amendment was to adapt the solutions adopted in the Act on amending the Act – Bankruptcy Law and certain other acts (Journal of Laws of 2019, item 1802) to the solutions proposed in the National Debtors Register. This adaptation will consist in enabling the conduct of bankruptcy proceedings (or their elements) by means of an ICT system.
Principles of operation of the system
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KIELTYKA GLADKOWSKI KG Legal attended a conference on Extended Producer Responsibility (EPR), including the deposit and deposit system, as well as the implementation of the Single Use Plastics (SUP) Directive.
EXTENDED PRODUCER RESPONSIBILITY (EPR)
EPR is a producer-focused mechanism that aims to reduce waste, particularly plastic waste, by increasing recycling and decreasing dependency on new raw materials. EPR moves the cost of managing post-use products partially or fully from local governments to the producing industry.
A key assumption of EPR is to consider the whole “life cycle” of products, i.e. from design, production and use to proper waste management. “Life cycle” includes designers, manufacturers, distributors (including product marketing), vendors, and customers/consumers. The EPR concept also assumes that appropriate economic incentives can turn waste into a valuable raw material, which should be thought about from the design stage.
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The previous energy market model in Poland was based on a monopoly of five different electricity suppliers.
Since 2007, the energy market in Poland has been liberalised and both companies and individuals are free to change their energy supplier. However, elements of a monopoly remain, as energy production and transmission is still the responsibility of these companies. Energy trading, on the other hand, is completely free. All elements of this market are licensed and supervised by the Polish Energy Regulatory Office. At present, the energy sector is being restructured and put in order, especially as regards competition. In the near future, the situation related to the stable position on the energy producer market may change drastically due to the new energy policy and the gradual abandonment of energy production from fossil fuels. This may lead to the liberalisation of the energy production and transmission market and an increase in the number of energy traders.
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