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Tax deductibility of employee social insurance contributions in 2023

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​by Monika Bartosiewicz

14 December 2022


Polish Deal 3.0, i.e. the Act of  7 October 2022 amending the Corporate Income Tax Act and Certain Other Acts, introduces many changes to CIT. 
 
The most important of them include, among other things, postponed effective date of minimum income tax, repealed provisions on so-called hidden dividends, and changes regarding transactions with tax havens. 
 
Changes will also affect the tax deductibility of contributions made to the Social Insurance Institution, the Labour Fund, the Guaranteed Employee Benefits Fund, and the Solidarity Fund.
 

How is it now

 
Currently, contributions made to:
  • social insurance as part of amounts due to employees – in the part financed by the withholder,
  • the Labour Fund,
  • the Solidarity Fund,
  • the Guaranteed Employee Benefits Fund,
 
are tax deductible in the month for which such contributions are due, provided that they are paid:
  • on amounts paid or made available in the month for which they are due – within the deadline set in separate regulations;
  • on amounts paid or made available in the following month within the deadline set in labour laws, in a contract, or another legal relationship between the parties – no later than on the 15th day of that month.
 
The CIT Act says that if these deadlines are not met, the contributions are only deductible as of the date they are paid.
 

What is going to change

 
From 1 January 2023, said contributions will be tax deductible in the month for which they are due, provided that they are paid within the deadline set in separate regulations. 
 
Employers paying salaries for a given month will no longer have to exclude contributions from tax-deductible expenses in the following month. This significantly affects, among other things, the calculation of deferred tax. Or, these enterprises will not necessarily have to pay contributions before the statutory deadline in order to recognise the part of the contribution financed by them as a tax-deductible expense in the month for which the salaries are due.
 
If the deadlines are not met, said contributions will still be deductible in the month in which they are paid.
 
If you have any questions, please contact us.

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Monika Bartosiewicz

Tax adviser (Poland)

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