Personal vs. capital links under GloBE - KIS opinion clarifies doubts for family groups
In an opinion on top-up taxation dated 27 May 2026, ref. no. 0111-KDGB.480.4.2025.4.KW, the Director of the National Revenue Information (KIS) resolved an issue of significance for many family structures. The facts concerned more than a dozen Polish entities and a single Ukrainian company, linked through the same related individuals who held shares and served on the governing bodies of those entities. The questionarose whether such a web of links forms a group within the meaning of the GloBE Act.
Links that are purely personal remain outside the scope of the Act
The authority confirmed that mere shareholding by the same individuals – even where they are related and hold managerial functions – does not create a GloBE group. Individuals are not entities within the meaningof the Act, and consequently there is no ultimate parent entity required, even hypothetically, to prepare consolidated financial statements. Entities linked solely through personal ties therefore remain outside the scope of the Act.
The EUR 750 million threshold is determined on the basis of consolidated financial statements
The opinion also provides important guidance on applying the GloBE rules. It confirms that a GloBE group is made up of entities covered by full or proportional consolidation. At the same time, the Director of KIS stressed that the EUR 750 million threshold is set on the basis of the revenue reported in the consolidated financial statements, and not on the taxpayer's own calculations. It was precisely for this reasonthat the applicant's position on this point was found to be incorrect – even though the conclusion that no obligations arose under the Act was itself correct, it was based on revenue other than that reported in the consolidated financial statements.
Conclusions
Verification of the EUR 750 million threshold should rely on data from the consolidated financial statements, not on separate calculations – even where the latter lead to the correct conclusion that no obligationsarise. It is worth establishing what data this analysis rests on in your organisation, before the authorities do it for you.
We can help you determine whether your group is subject to top-up taxation and what data to base the EUR 750 million threshold check on. Get in touch with our team.
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