Since 2018, new thin capitalisation rules have been present in
Poland, as an implementation of the Anti-Tax Avoidance Directive
(ATAD) into the Polish tax system. The new rules apply to all
borrowing costs, including costs resulting from contracts with
unrelated entities. Under the new limitation, net borrowing costs
are deductible against income only up to 30% of a taxpayer's
EBITDA. In any case, the net borrowing costs are entirely
deductible, provided that they do not exceed EUR 3 million. The
notion of debt financing costs should be understood as any costs
related to obtaining financial resources and using these
resources.
The catalogue of borrowing costs subject to limitation is open
and has been extended in comparison to the previous catalogue. Now
the catalogue includes a finance cost element of lease payments.
Unfortunately the Polish lawmaker did not follow the ATAD to the
letter, overlooking making a reference to "finance
lease", so that operating lease
