ARTICLE · 06 MAY 2025

Equality For Investment Funds – CJEU Judgment

Penteris

Explore more from Penteris

In February 2025, the Court of Justice of the European Union (CJEU) issued a judgment which opened up the possibility of all foreign funds invested in Poland benefiting from corporate income tax (CIT) exemptions.

PolandTax

Monika Lewińska

In February 2025, the Court of Justice of the European Union (CJEU) issued a judgment which opened up the possibility of all foreign funds invested in Poland benefiting from corporate income tax (CIT) exemptions.

Controversial Provisions

Investment funds are divided into two categories: externally managed funds and internally managed funds. The former are managed by an external management company, while the latter are managed by their own board of directors.

Funds based in Poland operate exclusively under the external management model. At the same time, the Polish Corporate Income Tax Act provides a tax exemption for certain collective investment institutions based in EU/European Economic Area (EEA) countries. In order for foreign funds to benefit from a CIT exemption in Poland, they must meet several conditions, one of the most controversial being the requirement for supervision by competent financial authorities in the fund's country of residence. As a

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Intragroup Guarantees: How To Mitigate Tax Risks

GGI | Global Alliance

NGO Funding And Tax Benefits In Poland 2026: Grants, Donations And Business Activity

Dudkowiak & Putyra Business Lawyers

Rent Agreements – A Hidden Tax Trap For Family Foundations?

GGI | Global Alliance

The OECD's New Guidelines On Home Offices: A Game Changer?

GGI | Global Alliance

Poland’s National E-invoicing System (KSeF) – A Summary Of The First Days Of Operation

GGI | Global Alliance

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Tax
- Income Tax
- Tax Authorities

Related Comparative Guides

Comparative Guide

Tax

Comparative Guide

Tax Disputes

See more popular content from

Tax

NGO Funding And Tax Benefits In Poland 2026: Grants, Donations And Business Activity

Navigating the financial landscape of non-governmental organizations in Poland requires a strategic understanding of statutory funding mechanisms and tax optimization opportunities. Whether operating as a foreign investor, corporate sponsor, or international foundation, establishing a sustainable funding structure is vital for long-term viability.

Dudkowiak & Putyra Business Lawyers

Corporate Income Tax In Poland - Complete 2025 Guide

Corporate Income Tax in Poland - Learn about the 2025 rules for CIT: rates, deadlines, tax reliefs, Estonian CIT, and minimum tax. Full breakdown for businesses.

Dudkowiak & Putyra Business Lawyers

Simplified Procedure For Import Of Goods (Article 33a Of The Polish VAT Act)

Importing goods from third countries into Poland generally triggers an obligation to pay value-added tax (VAT) at the time of customs clearance.

GGI | Global Alliance

Inheritance Tax, Gift And Donation Tax

The acquisition of an inheritance is taxable in Poland. The obligation to pay it is imposed each time on the acquirer of property and property rights.

Dudkowiak & Putyra Business Lawyers

The Special Economic Zones System Extended To Cover The Entire Territory Of Poland

The Polish government has just announced plans to replace the existing Special Economic Zones (SEZ) — scheduled to expire in 2026 — with a new system of permits providing a tax exemption...

Poland’s National E-invoicing System (KSeF) – A Summary Of The First Days Of Operation

Poland's mandatory e-invoicing system KSeF has encountered significant technical challenges since its phased rollout began in February 2026, affecting taxpayers' ability to meet compliance obligations.

GGI | Global Alliance

Dividend Payments And Withholding Tax In Poland

Withholding tax (WHT) is a specific mechanism for collecting income tax that applies, among others, to dividends distributed by Polish companies to domestic and foreign shareholders.

GGI | Global Alliance

IP Box Relief In Poland – Between Innovation And Restriction

Both corporate income tax (CIT) and personal income tax (PIT) taxpayers may benefit from this regime...

GGI | Global Alliance

Proposed Changes To Tax On Electricity Supply

New legislation on the taxation of electricity and energy products is expected to come into force on 1 January 2009.

CMS Cameron McKenna Nabarro Olswang

Intragroup Guarantees: How To Mitigate Tax Risks

Corporate groups commonly use intragroup guarantees to improve creditworthiness and secure favorable financing terms, but this practice carries significant tax implications under Polish transfer pricing regulations. When guarantees are provided free of charge or on non-equivalent terms between related parties, companies face risks including transfer pricing adjustments, additional tax liabilities of up to 20%, and taxation of gratuitous benefits. Understanding documentation thresholds, valuation methods, an

GGI | Global Alliance