Foreign tax relief
When a Polish resident earns income in a foreign country that has not concluded a DTT with Poland, double taxation is avoided based on the credit method. The Polish resident is liable for income tax imposed on its worldwide income, but this tax is proportionately reduced by the income tax paid abroad. Numerous DTTs provide for the same credit method. However, some of them provide for the exemption method (i.e. foreign income covered by such treaty is exempted from taxation in Poland).
Tax Abolition relief
The abolition tax relief was introduced to the Polish tax law in 2008 as a method of equalizing the tax situation of people working in different countries and applying various methods of avoiding double taxation.
It uses a complex deduction system, which effectively allows Polish tax residents to use the exemption method for all their foreign incomes even if the applicable DTT states that the credit method should be used. However, this relief is not applicable to income earned in tax havens.
What is more, as of 2021 the application of the relief is limited to an amount not exceeding PLN 1,360. It means that only the non-Polish income up to PLN 8,000 will be exempted from the Polish taxation. This limitation does not apply to people who work offshore, i.e. seafarers.
Limitation of the tax abolition relief vs MLI Convention
Poland has ratified the MLI convention, under which the method of avoiding double taxation is changed to the tax credit method in many double tax treaties that Poland has concluded with other countries. Hence, the tax abolition relief could have a broader use than before the ratification of MLI.
It is advisable to check which countries have ratified the MLI Convention changing the method of avoiding double taxation.
Countries with which Poland currently has a DTT:
|Algeria *||Germany||Malaysia||South Korea|
|Australia||Guernsey||Mexico||Sri Lanka *|
|Bosnia Herzegovina||Ireland||New Zealand||Thailand|
|Bulgaria||Isle of Man||Nigeria *||Tunisia|
|China||Japan||Philippines||United Arab Emirates|
|Czech Republic||Kazakhstan||Romania||Uruguay *|
* Signed but not entered into force.