July 7, 2020
Poland introduces new levy on VOD platforms
As of 1 July 2020, video-on-demand (VOD) platforms operating in Poland will be required to pay an additional levy on their local revenue.
According to the new regulations, VOD platforms operating in Poland must pay 1.5% of the revenues obtained from subscription payments or advertising revenues (depending on which revenue is higher) to the Polish Film Institute (PISF). The new regulations are intended to support cinematography in Poland, which has been strongly affected by restrictions caused by the coronavirus pandemic.
Who is affected by the levy?
The new regulations apply to entities providing VOD services (both local and foreign ones).
The new regulations take into account certain exemptions, including:
How is the levy calculated?
The 1.5% levy is calculated on revenues obtained from:
For entities registered in another European Union country, the levy will be calculated on the basis of revenues obtained in the territory of Poland. Under the new regulations, the levy is to be paid on a quarterly basis, within 30 days after the end of the quarter. The payments are considered deductible for tax purposes.
Companies operating in the field of on-demand audiovisual media services (i.e., video on demand), within the territory of Poland, should become familiar with new the provisions and prepare to comply with the new requirements. The new law may be challenging for enterprises offering VOD along with other types of services (such as media companies or news portals).
It is important to note that although the levy was introduced as part of a pandemic anti-crisis package, it is expected to remain as a permanent levy.
For additional information with respect to this Alert, please contact the following:
EY Doradztwo Podatkowe Krupa sp. k., Warsaw
EY Doradztwo Podatkowe Krupa sp. k., Wroclaw
Ernst & Young LLP (United States), Polish Tax Desk, New York