INTEGRATED ESG
REPORT 2020

4.1 Income tax

Accounting policies

Mandatory increases in loss/decreases in profit include current income tax (CIT) and deferred tax.

Deferred tax is determined using the balance-sheet method, based on temporary differences between the carrying amounts of assets and liabilities for accounting purposes and their tax base, except where temporary differences arise from the initial recognition of an asset or liability in a transaction which is not a business combination and, at the time of the transaction, affected neither profit before tax nor taxable income (tax loss).

Deferred tax assets and liabilities are measured at tax rates that are expected to apply to the period when the asset is realised, or the liability is settled.

A deferred tax asset is recognised to the extent it is probable that taxable profit will be available against which deductible temporary differences, including tax losses and tax credit, can be utilised. For more information on tax credit, see Note 4.1.1).

Deferred tax liabilities are recognised for taxable temporary differences associated with investments in subsidiaries, joint ventures and associates, unless the Group company controls the timing of reversal of the temporary differences and it is probable that the temporary differences will not reverse in the foreseeable future.

Deferred tax assets and liabilities are offset if and only if:

  • the Group has a legally enforceable right to set off current tax assets against current tax liabilities; and
  • the deferred tax assets and the deferred tax liabilities relate to income taxes levied by the same taxation authority on the same taxable entity.

Deferred and current tax is recognised as income or expense and included in profit or loss, except to the extent that the tax arises from a transaction or event that is credited or charged directly to other comprehensive income or to equity (deferred tax is then recognised in other comprehensive income or charged directly to equity).

Tax Group

Pursuant to an agreement of September 19th 2016, the PGNiG Tax Group (‘PGNiG Tax Group’) was established for the period from January 1st 2017 to December 31st 2020 with respect to the Group’s obligations under the Polish Corporate Income Tax Act (PDOP) and the Tax Legislation, with PGNiG S.A. acting as the PGK’s representative company.

As at December 31st 2020, the PGNiG Tax Group comprised the following companies: PGNiG S.A., PGNiG Obrót Detaliczny Sp. z o.o., Polska Spółka Gazownictwa Sp. z o.o., PGNiG TERMIKA S.A., Gas Storage Poland Sp. z o.o., PGNiG Ventures Sp. z o.o. (until December 30th 2019: PGNiG SPV 5 Sp. z o.o.), PGNiG SPV 6 Sp. z o.o., PGNiG SPV 7 Sp. z o.o., GEOFIZYKA Toruń S.A., PGNiG Technologie S.A. and PGNiG Serwis Sp. z o.o.

In accordance with the applicable tax laws, the companies included in the PGNiG Tax Group lost their separate status as payers of corporate income tax and such status was acquired by the PGNiG Tax Group, which allowed corporate income tax to be calculated jointly for all members of the PGNiG Tax Group. The PGNiG Tax Group was a separate entity only for corporate income tax purposes and it should not be viewed as a separate legal person. Its tax status did not extend to other types of taxes; in particular, each of the companies forming the PGNiG Tax Group was a separate payer of value-added tax and of tax on civil-law transactions, and a separate remitter of personal income tax withholdings. The other companies of the Group were separate corporate income tax payers.

On July 14th 2020, the Management Board of PGNiG S.A. decided to not establish another tax group.

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