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EC Criticizes Polish Pension Tax Rules

by Ulrika Lomas, Tax-News.com, Brussels

23 October 2015


The European Commission has asked Poland to end the discriminatory tax treatment of pension contributions paid to Individual Pension Insurance Accounts (IKZE).

According to the Commission, Polish tax rules treat contributions to certain private pension accounts opened in Polish financial institutions more favorably than those opened in other European Union (EU) member states.

Under Polish law, private pension contributions are only tax deductible when they are paid into IKZE opened by Polish investment funds, exchange maker houses, insurance establishments, banks, and pension funds. The Commission said that such domestic payments are treated more favorably than contributions paid into similar financial products and institutions established in other EU member states and European Economic Area states.

According to the Commission, this difference in tax treatment may constitute an infringement of the freedom to provide services and the free movement of capital as set out in EU treaties.

Poland has two months to respond to the Commission's satisfaction. If it fails to do so, the Commission may refer it to the Court of Justice.

TAGS: compliance | Insurance | tax | investment | European Commission | tax compliance | law | insurance | investment funds | Poland | tax reform | European Union (EU) | services | Europe

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