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Taxation of Employee incentive programs based on derivatives – important changes


1.    Tax changes in 2018


According to the recent draft of changes to PIT Act, income from incentive programs based on derivatives, not resulting in acquisition of shares, will be taxed at progressive scale (up to 32%) instead of 19% rate applicable to capital gains.


Amendments will come into force from 1st January 2018 once the draft becomes the law.


2.    Statement of the Head of NRA


Recently the Head of the National Revenue Administration published its official statement on a possible application of GAAR rules to employee incentive programs based on variable remuneration from derivative financial instruments or securities.


According to the statement, such incentive programs may be recognized by the tax authorities as artificial schemes, performed in order to gain a tax benefit (19% tax on capital gains instead of standard rates for employee’s income).

This is, in the Head of NRA’s opinion, contrary to the object and purpose of the provisions of the PIT Act and GAAR clause may be used to challenge the beneficial tax treatment of income from such employee incentive programs.

The statement refers to the currently binding tax regulations.





Should you be interested in obtaining further information, or would like to discuss the impact of the above changes please contact:


Anna Misiak      tel. + 48 22 322 68 88


or your advisor at MDDP.


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