Selling a company car — PIT, VAT, donation in Poland (2026)
Selling a car from your business: when you pay PIT and VAT, and when you don't. Fixed asset vs not, the 6-year rule, family donation, pitfalls.
Selling a company car always raises tax questions. The short answer: PIT and VAT depend on whether the car is a fixed asset, what taxation form you're on, and whether you use the lump sum. And a donation — can be a trap.
In this article you'll find concrete rules, rates, and a numerical example. No fluff.
The car as a fixed asset
If the car appears in your fixed assets register and was depreciated, its sale constitutes business revenue (Art. 14 sec. 2 point 1 lit. a of the PIT Act).
This means the sale amount is assigned to business activity. It is not a "private sale" — the 6-month rule described below does not apply here.
In practice, it works like this:
- you sold a car that was previously in the KPiR / under depreciation → business revenue,
- the car was bought out from a lease and entered into the fixed assets register → business revenue,
- the car was never a fixed asset (see section below) → this may be a private sale.
The cost = undepreciated value
Good news: when selling a fixed asset, you don't tax the entire amount. The deductible cost is the undepreciated portion of the initial value (Art. 23 sec. 1 point 1 of the PIT Act).
In other words: acquisition price minus accumulated depreciation = your undepreciated value.
In the KPiR you enter the sale (revenue) and simultaneously this undepreciated value (cost). Only the difference is taxed.
Numerical example — tax scale
- Acquisition price: 100 000 zł,
- Accumulated depreciation: 60 000 zł,
- Undepreciated value (cost): 40 000 zł,
- Sale price: 50 000 zł.
PIT base = 50 000 − 40 000 = 10 000 zł.
Tax is calculated on 10 000 zł, not on 50 000 zł. This is important — with the lump sum it's different.
Sale on the lump sum
On the lump sum, the sale of movable property that is a business fixed asset — including a car — is taxed at a rate of 3% (Art. 12 sec. 1 point 7 lit. f of the Act on the Lump-Sum Income Tax).
Business real estate is 10%. Cars = 3%.
There is a catch, however. On the lump sum you cannot deduct the undepreciated value as a cost. Tax is calculated on the full sale amount.
Example — same car, lump sum
- Sale price: 50 000 zł,
- Lump-sum rate: 3%.
Tax = 3% × 50 000 zł = 1 500 zł.
Regardless of how much depreciation you wrote off earlier. This is a difference that entrepreneurs often overlook when analyzing which taxation form to choose.
VAT 23% — always
Selling a company car is subject to VAT 23%, regardless of whether you deducted VAT in full, in part, or not at all when purchasing.
The one condition: the car was used in taxable activity.
So:
- you deducted 100% VAT at purchase → you sell with VAT 23%,
- you deducted 50% VAT → you sell with VAT 23% (on the same net amount),
- you didn't deduct VAT (VAT-exempt, second-hand car) → if you are an active VAT taxpayer, the sale is still a transaction subject to VAT 23%.
Important practical note: VAT is added to the net sale amount, unless you agree on a gross price with the buyer. In the sale contract, it's worth clearly stating the net amount + VAT.
If you are VAT-exempt (not an active taxpayer) — the sale is not subject to VAT. Only PIT.
Withdrawal and private sale — the 6-year rule
If you withdraw a car from business fixed assets, then for 6 years (counted from the month following the withdrawal month) its sale still generates business revenue (Art. 14 sec. 2 point 1 lit. a in conjunction with Art. 10 sec. 2 point 3 of the PIT Act).
Only after 6 years is the sale treated as private — it is not subject to PIT as business activity.
Practical consequences:
- you withdraw the car in May 2026 → 6 years expire in June 2032,
- sale before 6 years → you enter it in the KPiR as revenue, reduced by the undepreciated value (if you're not on the lump sum),
- sale after 6 years → private transaction, no PIT from business activity.
The 6-year rule is an important planning tool — especially when you plan to transfer a car to a family member.
Family donation
Donating a company car to tax group 0 (closest family: spouse, children, grandchildren, parents, grandparents) is not subject to inheritance and gift tax, if the recipient reports it on form SD-Z2 (inheritance and gift tax notification) within 6 months of the donation date.
This matters because it opens the door to tax savings.
Strategy: lease buyout → donation → sale after 6 months
A typical scenario:
- You end the lease and buy out the car into private assets (you don't enter it into business fixed assets),
- You donate the car to a tax group 0 family member (SD-Z2 within 6 months),
- The recipient sells the car privately after 6 months from the end of the donation month (Art. 10 sec. 2 point 2 lit. d of the PIT Act) → no PIT.
The 6-month rule still applies in 2026. But note: legislative changes are planned that would extend this period to 3 years. As of now, the effective date is uncertain.
Trap: VAT on a donation
If you are an active VAT taxpayer, donating a company car still triggers VAT 23% — even if you give the car to your closest family and the SD-Z2 is filed on time.
No inheritance and gift tax is not the same as no VAT. VAT treats the donation of business goods as a taxable transaction.
That's why the strategy above assumes you first buy out the car into private assets (private cost, a transaction not covered by VAT from business activity), and only then donate.
A car that is not a fixed asset
Not every company car is a fixed asset. If you use a car in your business under the 20%/75% KUP method (cost recognition method) and never entered it into the fixed assets register — its sale does not generate business revenue.
It's treated as a private sale. The 6-month rule (Art. 10 sec. 2 point 2 lit. d) applies here:
- you bought the car privately, used it in the business as 20%/75% KUP,
- you sell after 6 months from the end of the acquisition month → private sale, no PIT.
VAT still applies if you are an active taxpayer (see section above).
When is the sale exempt from PIT?
A short list of situations where selling a company car is not subject to PIT from business activity:
- the car was not a fixed asset, sale after 6 months from the end of the acquisition month,
- the car was a fixed asset, withdrawn 6+ years ago (counted from the month following withdrawal),
- the car was bought out from a lease into private assets (not entered into the business) and sold after 6 months.
In every other case, PIT applies. VAT applies if you are an active taxpayer and the car was used in taxable activity.
Sources
Based on Polish tax regulations.
- www.poradnikprzedsiebiorcy.pl/-sprzedaz-samochodu-...
- www.prawo.pl/podatki/pit/sprzedaz-srodka-trwalego-...
- www.podatki.gov.pl/pit/zryczaltowany-podatek-docho...
- sip.lex.pl/-/sprzedaz-samochodu-firmowego-pit-i-va...
Need help selling a company car?
Oxyok handles JDG accounting — we settle the sale of fixed assets, lease buyouts, donations, VAT 23%, and everything connected. From 49 zł + VAT per month.
Email Paweł or see Oxyok accounting.
Note: selling a company car, regardless of your taxation form, requires correct settlement in the KPiR or lump-sum register, and VAT — if you are an active taxpayer — applies almost always. This text does not replace individual advice.
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