Based on tules accouning Poland the capital profits shall include:
1) revenues from the share in legal persons’ profits, subject to art. 12 (1) (4b), constituting revenues that have actually been obtained from this share, including:
a) dividends, balance sheet surpluses in cooperatives and income obtained by the participants of investment funds or collective investment institutions from these funds or institutions, if the articles of association provide for the payment of such income without repurchasing units or investment certificates,
b) revenues from the redemption of shares (stock) or from reduction of their value,
c) revenues that are the result of a partner leaving a company referred to in art. 1 (3), occurring in a manner that is different than set forth in p. b,
d) revenues from decreasing a partner’s capital share in a company referred to in art. 1 (3), occurring in a manner that is different than set forth in p. b,
e) the value of property obtained in connection with the liquidation of a legal person or a company referred to in art. 1 (3),
f) the equivalent of profit obtained by a legal person and a company referred to in art. 1 (3), allocated for increasing its share capital, the equivalent of balance sheet surplus of a cooperative allocated for increasing equity fund, and the equivalent of amounts allocated to this equity (fund) from other capitals (funds) of such a legal person or a company,
g) additional payments received in case of merging or dividing companies by the partners of the acquired company, merged or divided companies,
h) revenues of a partner in a divided company, if property that is acquired as a result of the division, and when the division is carried out through partial division – property acquired as a result of the division or property remaining in a company, does not constitute an organised part of a company,
i) payment referred to in art. 12 (4d),
j) the value of non-distributed profits in a company, and the value of profit transferred to capital other than the share capital in a converted company – in case of converting a company into a company that is not a legal person, provided that revenue is specified as of the day of conversion,
k) interest on capital share, paid to a partner by a company referred to in art. 1 (3), Journal of Laws – 16 – Item 2175
l) interest on a borrowing granted to a legal person or a company, referred to in art. 1 (3), if the payment of interest on such a borrowing or its amount depends on whether this legal person or a company earns a profit, or on the amount of such profit (participation borrowing),
m) revenues obtained as a result of conversions, mergers or divisions of entities, including:
1) revenues of a legal person or company referred to in art. 1 (3), acquiring, as a result of merger or division, property or a part of property of another legal person or a company, revenues of a partner to a company under merger or division, revenues of a company under division;
2) revenues from making non-monetary contribution to a legal person or a company referred to in 1 (3);
3) revenues from a share (stock) in a legal person or a company referred to in art. 1 (3), other than those specified in p. 1 and 2, including:
a) revenues from the disposal of shares (stock), including disposal made in order to redeem them,
b) revenues obtained as a result of share exchange;
4) revenues from the disposal of the general rights and duties in a company that is not a legal person;
5) revenues from the disposal of receivables previously purchased by a taxpayer, and receivables resulting from revenues included in capital gains;
a) from property rights referred to in art. 16b (1) (4–7), with the exclusion of revenues from licences connected directly to obtaining revenues not included in capital gains,
b) from securities and derivative financial instruments, excluding derivative financial instruments used for securing revenues or costs, not included in capital gains,
c) on account of participation in investment funds or collective investment institutions,
d) from rental, lease or another agreement of a similar type regarding the rights referred to in p. a–c,
e) from the disposal of rights referred to in p. a–c.
Singling out a new source of revenue creates an obligation to allocate incurred costs to individual sources of income, including general costs for accounting outsourcing Poland partners. Based on rules accouning Poland the capital profits shall include:. Such an obligation also applies to costs incurred before 1 January 2018, and settled as tax costs or revenues in 2018.
Losses generated in one source of income cannot be offset by revenues from another source.
If a taxpayer earns a profit in both sources of income, the total income from both sources of income is the taxation base. Tax rates remain unchanged. ...