An Investment Agreement is an agreement between an investor and the Minister of Finance regarding the tax implications of an investment.

It is much more than an accumulation of several tax instruments into single, coherent solution that safeguards tax compliance. 

With an Investment Agreement you can:

• obtain a unified resolution of various tax issues,
• receive a tax law interpretation which reflects the specific background of your investment project and your business,
• clarify any uncertainties related to your investment at meetings or by providing relevant documents,
• minimize the risk of discrepancies between factual state in the Investment Agreement and actual state, increasing the efficiency of the protection.

Example

The Investment Agreement may include equivalents of:

• Advance Pricing Arrangement,
• Individual Tax Ruling with Respect to Anti-avoidance Rules,
• Tax Ruling on Top-up Taxation,
• Binding Excise Information,
• Binding VAT Rate Information,
• Individual Tax Interpretation.

The scope of an Agreement can vary depending on your investment and your needs. There is no limit on the number of issues that can be addressed within an Investment Agreement.

You receive a consistent solution for various tax issues that would otherwise be covered by different instruments, obtained in several procedures and before multiple different tax authorities.

You save time and benefit from a flexible procedure, thanks to direct contact with the Investor’s Tax Service Centre .

An Investment Agreement provides you with a range of benefits:

• Safeguarding the tax implications of an investment: An Investment Agreement is binding on tax authorities. If you follow the provisions of your Investment Agreement, every tax authority in Poland shall determine tax issues covered by the Agreement according to its contents.
• Long-term Stability: An Investment Agreement can be concluded for up to 5 tax years.
• Broad Scope: In an Investment Agreement, we strive to address all tax aspects of your investment. However, it is you who decides what is the expected scope of your application for an Investment Agreement.
• Individual approach: an Investment Agreement can reflect the specifics of your investment and your business. You can supplement the application with documents and other materials relevant to your investment.
• Flexibility of the Procedure: The procedure is less formal and offers an individual approach to your investment. We can jointly determine the schedule of proceedings or agree on the dates for potential supplementation of the application. You can also withdraw the application at any time, even after agreeing on the content of the Investment Agreement.
• No Surprises: During the proceedings, you can obtain prior information about the expected outcome. You decide whether you want to enter into such an Investment Agreement.
• Easy contact: In the course of the proceedings, you can meet with the employees handling your case through reconciliation and status meetings. This allows you to present your position during a direct meeting—either in person or on-line.
• Support of the Investor's Tax Service Centre: After concluding an Investment Agreement, you can count on ongoing support from the Investor's Tax Service Centre throughout the investment implementation period.

Example

Minimum Investment Value: You can apply for an Investment Agreement if you plan or implement an investment in Poland worth at least PLN 50 million (about EUR 11.5 million).

Business Activity in Poland: You do not have to run a business in Poland to apply for an Investment Agreement.

Investment Type: You can apply for an Investment Agreement if you invest in tangible fixed assets or intangible and legal assets resulting in:

• establishment of a new plant, or
• expansion of the production capacity of an existing plant, or
• introducing products not previously produced at the existing plant, or
• fundamental change to the production process of an existing plant.

You can also apply for an Investment Agreement if you plan to acquire assets belonging to an establishment that has been closed or would have been closed if the purchase had not taken place. You must not be related to the seller of the assets. The sole acquisition of shares of the enterprise itself is excluded.

Example

Completed Investment. An Investment Agreement must concern the tax consequences of a planned or ongoing investment.

Binding Interpretation Under Another Instrument. An Investment Agreement cannot address issues that have already been resolved through another instrument (e.g., an individual tax interpretation).

Capital Investment. Investment Agreements do not apply to capital investments.

Application for Tax Consequences Unrelated to the Investment. An Investment Agreement may only address the tax consequences directly related to the investment. It cannot cover tax matters associated with other activities.

Incomplete Description of the Factual State or Future Event. If the information or documents you provide are insufficient or require further clarification, we will contact you either in writing or during consultation meetings. Your Investment Agreement cannot be concluded if uncertainties regarding the description of the factual state or future event are not resolved.

Step 1. Identify Your Needs: Try to identify the tax issues that are significant for your investment.

Step 2. Contact the Investor’s Tax Service Centre : We will organize a preliminary meeting where you can learn more about the Investment Agreement. This will help you make an informed decision on whether the Investment Agreement meets your needs.

Write to us at: centrum.obslugi.inwestora@mf.gov.pl.

Step 3. Submit an Application for an Investment Agreement. You can attach a business plan and other documents to your application if you believe they might be helpful. Remember that you can also supplement your application later.

Step 4. Clarifications: If any issues require additional explanation, the Ministry of Finance will reach out to you. You can provide clarifications in writing or during consultation meetings.

Step 5. Reconciling the Agreement: Together we will reconcile the terms of the Investment Agreement. If we do not reach an agreement, you can withdraw or modify your application without any consequences.

Step 6. Finalizing the Agreement: After negotiating the terms, the Investment Agreement can be concluded. We can also agree on the possibility of holding regular meetings regarding your investment.

Step 7. Monitoring and Support: Concluding an Investment Agreement is not the end of our cooperation. The Investor’s Tax Service Centre  will support you throughout the entire investment process. We will provide you with the necessary information, and if your plans or circumstances change, we will help you adjust the Investment Agreement accordingly.

You will also be assigned a dedicated advisor who will be your point of contact for tax-related issues concerning your investment. We can also organize regular meetings with the Investor’s Tax Service Centre staff regarding your investment.

Amendment of the Investment Agreement

You can submit a request to amend the Investment Agreement at any time. An amendment may also be initiated by the Minister of Finance.

Termination of the Investment Agreement

You may terminate an Investment Agreement at any time and without justification.

The Minister of Finance may terminate an Investment Agreement only in cases specified by the law>.

You do not bear any consequences of resignation from completing the investment covered by an Investment Agreement.

You also do not bear consequences of changes in the investment schedule or the investment's scope. If modifications to your investment plans impact tax implications of the investment, you may apply for an amendment of the Investment Agreement.