The Polish Supreme Administrative Court recently asked the Constitutional Tribunal to clarify an issue pertaining to taxation of employer offered benefits-in-kind to employees, reports Nair & Co.’s International Tax Team.

1. Polish Government Reviewing Provisions governing Taxation of Benefits-in-kind
Update from Nair & Co. International Tax Team
(Bristol, UK) - The Polish Supreme Administrative Court recently asked the Constitutional Tribunal to clarify an
issue pertaining to taxation of employer offered benefits-in-kind to employees, reports Nair & Co.’s International
Tax Team.
It seeks to determine whether “other benefits in kind” as referred to in Poland’s income tax law (not being defined
further) are taxable in accordance with the Constitution. The issue has been raised in review of a recent case
involving transportation provided by an employer to its employees using an external vendor and paid for on a
fixed-fee basis.
Companies operating in Poland might find it important to monitor further developments to the above as the
Tribunal’s clarification could affect taxation of employee transportation and certain other issues relating to
employer provided benefits-in-kind.
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