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Dr hab. Małgorzata Ofiarska
ORCID: 0000-0001-5311-0201
Hab. PhD, Professor of University of Szczecin, Institute of Legal Studies. She specializes in administrative law, local government law and administrative enforcement proceedings.
DOI: 10.33226/0137-5490.2021.11.3
JEL: K32, H77, H81, Q42

The amendment to the provisions of the Act on supporting thermomodernisation and renovations made on April 12, 2020 significantly extends the scope of application of the thermomodernisation bonus, which is an instrument to support investments resulting in a reduction in thermal energy demand in residential buildings. The most important changes to the legislation consist in resigning from some of the existing restrictions on the amount of the bonus, introducing the possibility of increasing the bonus for the installation of renewable energy micro-installations in buildings and additional financial support for works performed in the external walls of large-panel buildings. The study includes a detailed analysis of legal regulations and their assessment relating to the needs as well as legal and financial consequences of granting thermomodernisation bonuses in the changed legal standing. It has been shown that the thermomodernisation bonus plays a special role in promoting pro-ecological investments, and its legal status is determined by the close relations with bank loans granted for the implementation of thermomodernisation projects, the source of financing the bonus from the Thermomodernisation and Renovation Fund supplied from the state budget and the goals of thermomodernisation investments aimed at reducing the demand for energy produced from traditional sources with a negative impact on the natural environment. It was found that the thermomodernisation bonus can be an important instrument to motivate owners and managers of residential buildings, local heating networks and local heat sources to take pro-ecological actions.

Keywords: thermal energy; investment and thermomodernisation bonus; bank loan; residential buildings
DOI: 10.33226/0137-5490.2021.5.4
JEL: K34, H24, H32, H71

The Act on supporting new investments, in force since mid-2018, and amended several times, has significantly changed the conditions for supporting investors, in comparison to investments carried out in special economic zones. Both forms of support can be used concurrently, even in relation to the same entrepreneur who invests in different areas, i.e. in a special economic zone and in another legally separated area. The purpose of this article is to analyze and assessed legal regulations which determine the issuance of a decision on support and the application of the support instrument in the form of tax exemption of income obtained from a new investment. It has been shown that the joint fulfilment of two conditions allows for the exemption from taxation of income generated from a new investment, i.e. conducting business activity specified in the decision on support in the area indicated in this decision. The reservation that the value of the tax exemption may not exceed the limit of public aid due to this taxpayer is closely related to them. By identifying the above conditions, it was established that the tax exemption is objective, not subjective, as it does not cover other income earned by the taxpayer. The adoption by the legislator of a broad definition of the term "new investment" means that completely new investments and investments consisting in the expansion or modernization of already existing fixed assets belonging to a given entrepreneur should be equally supported.

Keywords: new investment; tax exemption; entrepreneur; public aid; separated area

Hab. PhD, Professor of University of Szczecin, Institute of Legal Studies. She specializes in administrative law, local government law and administrative enforcement proceedings.