Letter from Frank Elderson, Member of the Executive Board of the European Central Bank (ECB), to Andrzej Domański, Minister for Finance of Poland, regarding the non-compliance with the obligation to consult the ECB on a law amending the law on corporate income tax act and the law on tax on certain financial institutions
Date: 2026-03-09
Institutions: European Central Bank
Subjects: financial stability

ECB-PUBLIC 

Frank Elderson   
Member of the Executive Board 

[COURTESY TRANSLATION] 

Mr Andrzej Domański  

Minister for Finance  

Ministry of Finance  

ul. Świętokrzyska 12  

00-916 Warsaw 

POLAND  

Frankfurt am Main, 5 March 2026  

Contact person: Marta Szablewska 
marta.szablewska@ecb.europa.eu 

tel.: +49 69 1344 7233  

Re: Law amending the Law on corporate income tax act and the Law on tax on certain financial 

institutions 

Dear Mr Domański,  

It  has  come  to  the  attention  of  the  European  Central  Bank  (ECB)  that  on  6  November  2025  the  Polish 

Parliament adopted a law amending the Law on corporate income tax act and the Law on tax on certain 

financial institutions that partially entered into force on 1 January 2026 (hereinafter the ‘Law’). 

The ECB understands that the Law effectively increases, on a permanent basis, the tax burden for domestic 

and foreign banks, certain credit institutions and cooperative banks. The ECB further understands that the 

purpose  of  the  Law  is  to  increase  budget  revenues  related  to  defence  spending  following  the  Russian 

invasion of Ukraine, also considering the improvement in the revenues of the banking sector in the last few 

years.  

In accordance with Articles 127(4) and 282(5) of the Treaty on the Functioning of the European Union and 

Article 2(1) of Council Decision 98/415/EC 1, national authorities are required to consult the ECB on draft 

legislative provisions concerning matters that fall within its fields of competence, including rules applicable 

to financial institutions insofar as they materially influence the stability of financial institutions and markets. 

In that context, please note that the ECB has previously been consulted by the Polish authorities on and 

adopted opinions on the Law on tax on certain financial institutions 2, and also concerning taxes applicable 

1  

2  

Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national authorities 
regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42 ELI: http://data.europa.eu/eli/dec/1998/415/oj). 
See, for example, Opinions CON/2016/1 and CON/2025/20. All ECB opinions are published on EUR-Lex.  

Address 
European Central Bank  
Sonnemannstrasse 20 
60314 Frankfurt am Main  
Germany 

Postal address 
European Central Bank  
60640 Frankfurt am Main 
Germany 

Tel.: +49 69 1344 0 
E-mail: info@ecb.europa.eu 
www.ecb.europa.eu 

 
 
 
 
 
 
 
 
 
ECB-PUBLIC 

to credit institutions in several Member States 3. The ECB’s Annual Report includes information regarding 

clear and important cases of non-compliance with the obligation to consult the ECB. 

The ECB would appreciate the Ministry of Finance giving due consideration to the above observations by 

honouring its obligation to consult the ECB in the future. 

Yours sincerely, 

[signed] 

Cc: 

Mr Adam Glapiński, President of Narodowy Bank Polski  

Mr  V  Dombrovskis,  Commissioner  for  Economy  and  Productivity;  Implementation  and 

Simplification, European Commission 

Mr Alberto De Gregorio Merino, Director-General Legal Service, European Commission  

Encl. 

Guide to consultation of the ECB by national authorities regarding draft legislative provisions 

3  

See, for example, Opinions CON/2019/18, CON/2019/40, CON/2019/44, CON/2020/28, CON/2023/26, CON/2023/45, 
CON/2025/41 and CON/2025/45.  

2