As a rule, taxpayers required to pay the minimum CIT in 2024 will be those who:

• incurred a tax loss from sources other than capital gains (i.e. from operating activities), or
  
  
• achieved a ratio of taxable income from operating activities to tax revenues from operating activities of 2% or less.
  
  
  

For the purposes of the minimum CIT, both the tax loss and profitability are calculated in accordance with specific statutory rules. In these calculations, certain items are excluded, including, among others, tax depreciation, employee-related costs, and increases in energy costs.

As a result, it may happen that the tax result calculated under the general rules is negative or the profitability ratio calculated on that basis is below 2%, while - under the methodology set out in the minimum CIT provisions - the ratio of taxable income to tax revenues exceeds 2%. In such a case, the taxpayer will not be required to pay the minimum CIT.

However, it should be noted that if a taxpayer files the 2024 CIT-8 return showing a tax loss or profitability below 2% (calculated under the general rules) and does not pay the minimum CIT, the tax authorities may question this and examine the matter during verification activities. Therefore, it is advisable to prepare appropriate calculations and, where relevant, supporting documentation confirming that there is no obligation to pay the minimum CIT.

Conversely, if a taxpayer is required to pay the minimum CIT, it will be necessary to establish the correct methodology for determining the tax base (also governed by specific rules), including selecting the most appropriate method - standard or simplified.

We would be pleased to support you in analysing the risks and obligations related to the minimum CIT, as well as in preparing documentation confirming the absence of an obligation to pay the minimum CIT or in developing an appropriate methodology for determining the tax base.