Anti-crisis shield - the Senate amendments

Senate amendments to acts forming the anti-crisis shield

Provisions that are not directly related to the fight against the COVID-19 pandemic have been removed from the package of acts creating the so-called anti-crisis shield. However, there have been added improvements aimed at sealing the shield and helping to combat the effects of the coronavirus. Some of the amendments have been made at the request of the government and the Minister of Development.

Anti-crisis shield - the most important amendments:

• exemption of micro, small and medium-sized entrepreneurs who do not conduct business or have recorded a decrease in revenue of at least 20% from the obligation to pay social security contributions,
• suspension of the collection of advance payments on taxes and taxes from payers who have been entrepreneurs during a state of epidemic or epidemic hazard
  • suspension of the collection of advances on taxes and non-accumulation of interest for delayed payment during a state of epidemic hazard, epidemic or emergency
  • the taxes are to be paid at a later date - not earlier than 90 days after the end of a state of epidemic hazard, epidemic or emergency

• exemption of natural persons and legal entities being entrepreneurs from the obligation to pay advances on income tax during the state of emergency or epidemic
  • an entrepreneur does not run a business
  • conducts business activity to a limited extent due to restrictions introduced in connection with a state of emergency or epidemic and there has been a drop in revenue of at least 20%

• state financing of the so called "downtime" in the amount of 75% of the employee's current salary - however, no more than 75% of the average salary in the economy, with the entrepreneur financing the salary in the amount of no less than 25% of the current/average salary:
  • condition for granting assistance: the employer may not be in arrears with taxes or social security contributions until the end of the third quarter of 2020,

• extension of the right to childcare allowance due to closed schools to the parents of children under 12 years of age (previously the allowance was granted to children under 8 years of age),

• increasing the amount of the loan for entrepreneurs to PLN 40 000 with a possibility of redemption,

• the fixed costs of an entrepreneur (rent, utilities, etc.) could be subsidized from the state budget up to an amount not exceeding PLN 40 000 per month for a period of 6 months,

• establishment of a 20 billion European Fund to counteract the effects of the spread of SARS-CoV-2,

• broadening the catalogue of entrepreneurs who can apply for state aid to farmers running agritourism farms,

• establishment of the Liquidity Fund aimed at maintaining the financial liquidity of entrepreneurs affected by the COVID-19 epidemic - the Fund's resources would be managed by BGK, and the Fund's incomes would be those obtained by the Bank from the issue of bonds called "COVID-19 bonds",

• allowing financing of entrepreneurs not only by taking up newly issued shares or stocks, but also through their acquisition, i.e. from the existing share capital,

• the deletion of the provision on collateral in the form of a bill of exchange for micro and small businesses,

• a special allowance for employees of medical facilities where coronavirus-infected patients are treated, the amount of the allowance will be determined through a decree of the competent minister.

The Senate amendments have been referred to the Sejm for reconsideration.