In brief

• The draft amendment to the Minister of Finance's regulation extends the tax exemption for income from a mortgage loan settlement with a bank.
• The current rules expire on 31 December 2026, and the draft covers the period up to the end of 2028.
• The structure of the relief remains unchanged; only its duration changes.

Two additional years of exemption

According to the draft amendment to the Minister of Finance's regulation, the exemption from income tax will cover income obtained in connection with a settlement, including income from 2027 and 2028. The current rules, based on the regulation of 11 March 2022, expire at the end of 2026. (Ugoda z bankiem w sprawie kredytu. Co z podatkiem? Jest projekt rozporządzenia – Business Insider Polska) (Bank umarza frankowiczowi część kredytu, a skarbówka może to policzyć jako przychód. Jest szansa na ulgę – bezprawnik.pl)

What exactly is exempt

The exemption applies to situations in which a bank writes off part of the obligation arising from a residential mortgage loan for residential purposes. The written-off amount may be treated by the tax office as income for the borrower. Waiving the collection of tax on such income is intended to protect persons settling with a bank, in particular Swiss franc borrowers (frankowicze).

When it will take effect

The preference was to expire on 31 December 2026. The draft provides for covering income obtained in the period from 1 January 2027 to the end of 2028. The structure of the relief does not change; only the period in which it applies does.

What it means for those negotiating now

Persons who are only now discussing settlement terms with a bank may count on two additional years of protection against tax. The draft has been published in the Government Legislation Centre (Rządowe Centrum Legislacji), and its final form depends on further stages of work on the regulation.