“Dividend exemption” for limited partnerships only 2 years after obtaining the CIT taxpayer status

From 1 January or 1 May, all limited partnerships became CIT (corporate income tax) taxpayers, even though they are not capital companies. Many doubts raised whether the so-called “Dividend exemption”. The exemption consists, for example, in the fact that if a limited liability company pays dividends to its partner, which is another limited liability company and the recipient of the dividend holds at least 10% of shares for a period of at least 2 years, the payment of the dividend benefits from CIT exemption. Due to the fact that the rules of taxation of limited partnerships and limited liability companies and joint-stock companies were equalized, it seemed that the payment of profits from limited partnerships to partners who are also CIT taxpayers should be subject to “dividend exemption” on the same terms.

Unfortunately, the taxpayers were surprised by the position of the National Tax Information expressed in the individual ruling of April 29, 2021 No. 0111-KDIB1-2.4010.71.2021.2.AK. The director of the National Tax Information indicated that for the purposes of applying the exemption, the period of holding shares in a limited partnership should be counted only from the moment the limited partnership acquires the status of a CIT taxpayer, i.e. from 1 January or 1 May 2021, and not from the actual acquisition of a share in the company limited partnership.

If the above-mentioned the unfavorable position will be maintained in subsequent tax interpretations and court judgments, which means that some capital groups will not be able to benefit from the CIT exemption when paying out profits to the shareholder, when it is planned to sell shares in a limited partnership or transform it into another a partnership (e.g. a currently popular general partnership) or a capital company.