Despite the existence of regulations governing the principles of recognizing margin adjustments (TP adjustments) for CIT purposes, this issue still raises doubts, especially in the case of activities covered by exemptions under SSE[1]/PSI[2]. For a long time, tax authorities consistently refused to recognize income from margin adjustments as related to zone activities. Has this approach changed now?

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TP Adjustment as an element of zone activities?

Initially, tax authorities presented a more restrictive approach. For example, in the individual tax ruling of June 17, 2020 (0111-KDIB1-2.4010.139.2020.2.BG), it was indicated that the exemption covers only income directly resulting from tax-exempt activities.

However, currently, a taxpayer-friendly approach prevails, according to which TP adjustment is not considered a separate transaction but an adjustment of conducted settlements to market conditions. Consequently, it is possible to link the adjustment with activities covered by the PSI exemption (e.g., individual tax rulings of February 8, 2024, 0114-KDIP2-1.4010.676.2023.2.KW, and September 4, 2023, 0111-KDIB1-3.4010.438.2023.1.JG).

Additionally, in the individual tax rulings of May 28, 2025 (0111-KDIB1-3.4010.316.2025.1.PC) and January 16, 2024 (0111-KDIB1-3.4010.660.2023.2.JG), the authority confirmed that TP adjustment can be treated as tax-exempt income proportionally to the share of zone income in total income. In the individual tax ruling of March 1, 2023 (0111-KDIB1-3.4010.4.2023.1.IZ), it was indicated that recognizing the adjustment as a separate transaction would not reflect the true nature of the underlying economic activity.

This position is also reflected in the Supreme Administrative Court judgment of December 18, 2024 (II FSK 359/22), where the court indicated that profitability adjustment is closely related to the production activities conducted by the company within the SSE and constitutes compensation for the reduction of orders from the economic entity, which is to ensure the continuation of activities in the SSE.

Conclusions

The current interpretative line indicates that TP adjustments, if they can be linked to activities covered by the support decision, can be treated as tax-exempt income. This also applies to adjustments related to so-called "common" income. In such cases, it is possible to proportionally allocate the adjustment to the appropriate types of activities.

However, due to the previous negative interpretative line taken by tax authorities, each adjustment should be analyzed individually, particularly in terms of its connection with tax-exempt activities. In case of doubts, it is worth considering securing one's position through an individual interpretation.

[1] SSE – Specjalna Strefa Ekonomiczna, eng. Special Economic Zone.

[2] PSI – Polska Strefa Inwestycji, eng. Polish Investment Zone.