The new tax is getting closer. The rate will reach up to 60%.

The Senate did not introduce any amendments to the bill providing for temporary taxation of extraordinary profits of fuel companies. 59 senators voted for the adoption of the act without changes, 31 were against and no one abstained. The document will now go to the president.

This is the second attempt of the government coalition to introduce such a levy. The previous law was submitted to the Constitutional Tribunal by President Karol Nawrocki in July as a preventive review. The Chancellery of the President argued then that the regulations violated the principle of non-retroactivity.

Tax on windfall profits of fuel companies. Who is to pay?

The new regulations are to cover entrepreneurs operating in the field of liquid fuel production in Poland from March 1, 2026 to March 31, 2027. The levy will also apply to entrepreneurs selling fuels imported or purchased intra-Community on the basis of an appropriate license.

In the case of fuel producers, the rate is to be 60%. tax bases. The basis will be the surplus of revenues over the amount that the company would achieve using the reference margin. A 50% rate is provided for sellers who do not produce fuel.

How will the margin be calculated?

The reference margin is to be determined based on the historical margin of a specific taxpayer from 2025. It concerns the percentage share of profit from the sale of liquid fuels in the revenues obtained from their sale.

The average sales margin calculated in this way is to be increased by 20%. At the same time, the regulations assume that it cannot be lower than 2%.

The Senate rejected the amendments

During the work in the Senate, two amendments were submitted. Senator Krzysztof Bieńkowski from PiS proposed changing the validity period of the act and stating that the tax revenues will be used to reduce fuel prices. Both proposals were rejected by Senate committees.

Prime Minister Donald Tusk announced that if the president signs the act, the government will restore the “Fuel Prices Lower” protective program. The money from the new levy is to finance this program.

The bill will be sent to the president

The Chancellery of the President is critical of the proposed solutions. The head of the KPRP, Zbigniew Bogucki, pointed out that the introduction of the tax may lead to its costs being transferred to other people. The law firm also maintains the allegation that the regulations are retroactive.

The government, in turn, argues that the regulation is a response to the extraordinary and unpredictable economic situation caused by the conflict in the Middle East. After the Senate’s decision, the further fate of the act depends on the president’s decision.