Insurers are already paying compensation to flood victims. However, it turns out that entrepreneurs have to pay them tax. There is no relief in this regard yet.
Companies damaged by the flood will have to pay compensation tax
Monika Dziedzic, legal advisor, tax advisor and partner at MDDP, says in an interview with “Republic”that no exemptions apply to compensation for damaged goods or raw materials, either from the PIT/CIT Act or from special flood protection regulations. According to the regulations, compensation is income from business activity, which is subject to taxation. Example? If the entrepreneur settles according to the scale and is in the second threshold, he will pay 32%. PIT.
The regulations are absolute in this matter. They show that compensation for damage to property related to business activity is company income. Tax exemption only applies to amounts paid for private damages
– explains financial advisor Marcin Sobieszek. The only thing that entrepreneurs are entitled to is exemption for compensation for damaged fixed assets. Monika Dziedzic emphasizes that it is, however, very limited.
The government should issue a special regulation
– They are excluded from the exemption passenger carsa money the compensation must be quickly spent on the renovation of a fixed asset or the purchase of the same one – adds Marcin Borkowski, legal advisor and tax advisor at the Borkowski i Wspólnicy law firm. Therefore, according to experts, few entrepreneurs will use such a solution. Specialists point out that of the several reliefs included in the so-called special flood act, none of them applies to compensation paid to entrepreneurs. In their opinion, in order to provide relief to companies affected by the flood, a regulation should be issued to discontinue tax collection. We asked Ministry of Finance for a comment on this matter, we are waiting for a reply.
Let us remind you that on Thursday government included in the draft flood law one-off support for entrepreneurs from areas affected by a natural disaster. A total of PLN 1 billion is to be allocated for this purpose. The intervention benefit will be one-off support for entrepreneurs, which will be available in two variants. The first one assumes the payment of a benefit that is the product of the number of insured persons registered for social or health insurance and an amount “oscillating in the amount of several thousand zlotys”. The second variant assumes support being a percentage of the average monthly income for the previous year. Detailed amounts are to be specified in a separate regulation.