Poland imposes 60% windfall tax on liquid-fuel sales

Manufacturers and licensed cross-border traders are in scope

The law applies to businesses operating in Poland, directly or through another entity, that manufacture liquid fuels from crude oil or trade in them under a foreign liquid-fuel trading licence. It uses the liquid-fuel definition in the Fuel Quality Monitoring and Control Act of 25 August 2006, excluding specified heating oils. Ordinary fuel retailing alone is not the stated charging condition.^[2]

The base compares actual revenue with a reference margin

The tax base is the excess of actual fuel-sale revenue over hypothetical revenue calculated by dividing the relevant actual acquisition or production costs by one minus the reference margin. That margin is the taxpayer’s average 2025 fuel-sales margin increased by 20%, with a 2% minimum. A 2% margin also applies where the business had no qualifying 2025 activity. The 20% uplift is relative, not 20 percentage points.^[2]

Arm’s-length and attribution rules shape the calculation

Revenue and costs must reflect arm’s-length pricing. The calculation includes specified hedging results and compliance costs, subject to article 7’s exclusions. Unrealised revenue and costs, unrealised foreign-exchange differences and fuel-inventory valuations are excluded. Special attribution rules address costs or hedge results that cannot be allocated directly; legal predecessors and partial-year 2025 activity must also be considered.^[2]

The rate is 60%, with a final cap for non-manufacturers

The rate is 60%. For taxpayers that do not manufacture qualifying fuels, article 8 caps the final liability at 50% of the relevant income or net profit attributable proportionately to the tax period. The income measure is before reductions and deductions, including brought-forward losses.^[2]

The first cumulative advance falls due in November

Monthly cumulative advances are due by the 25th day for previous months. The first covers 1 March to 31 October 2026, making 25 November 2026 the first payment date. An electronic return and final settlement are due by 31 December 2027; earlier cessation accelerates the return deadline. Advances are calculated under articles 7 and 8(1), so the separate final-liability cap should not simply be assumed to reduce monthly instalments.^[2]

The tax is not deductible for income-tax purposes

The Act generally enters into force on 1 November 2026. Article 11’s power to reduce specified fuel-excise rates commenced the day after publication. Articles 12 and 13 add article 52zu to the Personal Income Tax Act and article 38zb to the Corporate Income Tax Act, expressly making the windfall tax non-deductible. Refining and importing groups should identify the licensed taxpayer and reconstruct the 2025 benchmark and covered-period transactions before the first advance.^[2]