Special Economic Zones (SEZ) are an
administratively separate part of the Polish territory
where business can be conducted on preferential
conditions as laid down under the Act on Special
Economic Zones of 20 October 1994 (Journal of
Laws of 2007, no. 42, item 274, consolidated text, as
amended) and under all the related implementing
regulations. At the moment, fourteen special
economic zones operate in Poland.
The preferential conditions of conducting business in
special economic zones consist above all in the
availability of state aid to the investors, which most
often takes the form of tax exemptions.
Consequently, by operating in SEZs, companies
intending to invest there stand to obtain fully legal
tax savings. This can be argued to be a type of tax
optimisation vehicle offered by the state. Frequently
presence in the zone may be decisive for the
investment making economic sense at all.
In order to become eligible for state aid, it is
necessary to procure a permit for conducting
business operations in SEZ. The permits are issued
by way of combined tender or negotiations by
companies administering the zones. The terms and
procedure for conducting tenders and negotiations
are laid down, separately for each zone, under a
Regulation of the Minister of Economy and Labour
on tenders and negotiations and the criteria for
assessment of projects proposed by undertakings in
the special economic zone.
The success of Polish SEZs is best demonstrated by
the fact that as many as five of them were included in the ranking list of the best fifty special economic
zones published in 2012 in FDI’s report Global Free
Zones of the Future 2012/2013. Among the features
distinguishing Polish special economic zones, the
authors of the report cited the high quality of
infrastructure.
Without any doubt investors will recognise it as
good news that on 23 July 2013 the Council of
Ministers adopted fourteen resolutions extending the
operation of the special economic zones to 2026.
Under the previous provisions, the special economic
zones were to operate only until the end of 2020. The
news should be particularly welcome by investors
operating in sectors offering a low rate of return. The
amending regulations apply to the following special
economic zones: Kamiennogórska, Katowicka,
Kostrzyńsko-Słubicka,
Krakowska,
Legnicka,
Łódzka,
Mielecka,
Pomorska,
Słupska,
Starachowicka,
Suwalska,
Tarnobrzeska,
Wałbrzyska, Warmińsko-Mazurska.
It is worth noting that work is currently underway on
a Bill containing the underlying assumptions for an
Act Amending the Act on Special Economic Zones
and Certain Other Acts. The Bill proposes among
others to put in place a requirement for unpaid taxes
to be returned in the event of expiry of a permit
whose conditions have not been fully satisfied or if
the principles of granting state aid have been
violated, on the same terms as in the case of permit
withdrawal. The Bill also adds details to the concept
of state aid as expressed in the Act on Special
Economic Zones, by stipulating that exemption from
income tax represents state aid. The Bill also
elaborates on the concept of maximum state aid by
introducing the principle of accumulation for the
purposes of tax legislation as well as consolidating
the procedures for inspection of undertakings located
in SEZs and the procedures for amending permits to
operate in SEZs.
MILLER, CANFIELD,
W. BABICKI, A. CHEŁCHOWSKI I WSPÓLNICY SP.K.
ul. Batorego 28-32
81-366 Gdynia
Tel. +48 58 782-0050
Fax +48 58 782-0060
gdynia@pl.millercanfield.com
ul. Nowogrodzka 11
00-513 Warszawa
Tel. +48 22 447-4300
Fax +48 22 447-4301
warszawa@pl.millercanfield.com
ul. Skarbowców 23a
53-125 Wrocław
Tel. +48 71 780-3100
Fax +48 71 780-3101
wroclaw@pl.millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield. It is intended to provide only a summary
of certain recent legal developments of selected areas of law. For this reason the information contained in this publication should not form the
basis of any decision as to a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in
individual cases. The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant
legislation or other legal development to the particular facts can be verified.