Employee Stock Options and RSU in Poland – When Do You Pay Tax?
February 23, 2026
Taxation of RSUs and Employee Stock Options in Poland for Polish Tax Residents. When to File PIT-38
RSUs (Restricted Stock Units) and employee stock options are common forms of equity compensation in international companies. For Polish tax residents the key issue is when taxation arises and whether the income is treated as employment income or capital gains. In many properly structured incentive plans taxation is deferred until the shares are sold and then reported in PIT‑38. If you are unsure whether Polish tax rules apply to you, you can verify your status using the Polish Tax Residency Test.
In this article
Typical RSU taxation timeline in Poland
Employee receives a right to shares but no tax normally arises.
Shares become available to the employee. In many plans taxation is still deferred.
If dividends are paid, they are taxed immediately.
Capital gains tax arises when the shares are sold and is reported in PIT‑38.
Quick answer
In most properly structured plans, taxation is deferred until the sale of shares and then settled as capital gains in PIT-38.
If you only received or vested shares and you did not sell them in the completed tax year, you typically do not file PIT-38 for that reason.
Key takeaways
- Capital gains tax rate: 19 percent.
- PIT-38 is filed once per year for the previous calendar year.
- Deadline: April 30 of the following year.
- No sale in the completed tax year = typically no PIT-38 obligation.
Employment income vs capital gains
Employment income
Applies when the benefit is treated as salary or a bonus from employment.
- Taxed under progressive scale 12% or 32%
- Usually reported by employer in PIT‑11
- Settled in PIT‑37 or PIT‑36
- Often subject to ZUS
Capital gains
Applies when the plan qualifies as an incentive program under Polish tax law.
- Flat tax rate 19%
- Tax usually deferred until sale of shares
- Reported in PIT‑38
- No ZUS contributions
In a typical case, corporate plans are structured so that taxation is deferred and settled as capital gains, but the plan documents always matter.
Key terms
A right to receive company shares once specific conditions are met.
The moment when the employee becomes entitled to the shares.
Buying shares under the conditions defined in the option plan.
Selling shares on the market which may trigger capital gains tax.
Cash distribution paid by a company to shareholders.
When do I pay tax on RSUs in Poland?
If you received shares or RSUs from your employer, you can generally assume that, in a typical case, they are subject to the following taxation principles described below.
Usually no tax if the incentive plan qualifies for deferred taxation.
Typical filing: none
Typically no tax if taxation is deferred under the incentive plan.
Typical filing: none
Dividends are taxed when paid. Foreign dividends are normally reported in PIT‑38.
Tax rate: 19%
Capital gain is taxed when shares are sold.
Reported in PIT‑38 at 19%
Legal basis for tax deferral
Tax deferral in many employee equity plans is based on the rules for qualified incentive programs. The most commonly cited provision is Article 24 section 11 of the Polish PIT Act. If the plan meets statutory conditions, taxation is postponed until the moment the shares are sold.
How to verify your situation in practice
Practical test. Check your PIT 11.
If the employer included the value of vested shares or options in PIT 11, this may indicate employment income treatment.
If the value was not included in PIT 11, it is often safe to assume the plan is treated under the capital gains model.
This is the most practical indicator in real life cases. However, the plan documentation should ultimately confirm the correct tax classification.
How capital gains tax works in Poland
Capital gains tax rate
Flat rate 19 percent. Tax arises only when the shares are sold.
Important note on acquisition cost
In many RSU plans shares are granted free of charge. In such cases the acquisition cost may be zero, meaning the 19 percent tax may apply to the full sale value.
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Currency conversion
Transactions must be converted to PLN using the NBP average exchange rate from the last business day preceding the transaction date.
Important exception. Dividends
Even if the value of RSUs is taxed only when shares are sold, dividends are taxed when they are paid. Foreign dividends are usually reported in PIT‑38 and often require the attachment PIT‑ZG. If foreign withholding tax was applied, it must be included in the annual settlement.
Are RSUs taxable in Poland if granted by a foreign employer
Yes, if you are a Polish tax resident, worldwide income rules apply. This means that RSUs or stock options granted by a foreign employer may still be taxable in Poland under the same capital gains principles described above, provided the statutory conditions for deferral are met.
The key factor is your tax residency, not the country of the employer.
Do I need to file PIT-38 if I only received shares
No.
If you received shares or they vested in the completed tax year, but you did not sell them and you received no foreign dividends, you typically have no capital income to report.
Filing is triggered by a sale of shares or by foreign dividends that require annual reporting.
Quick summary. When to file PIT-38
If you hold employee shares or RSUs, you typically file PIT-38 if, in the completed tax year, you:
- Sold shares or disposed of shares for consideration.
- Received foreign dividends that require annual reporting in Poland, often with PIT ZG.
Deadline
PIT-38 is filed once per year and covers the previous calendar year.
The deadline is April 30 of the year following the taxable event.
Example. If you sold shares or received foreign dividends in 2025, you report it by April 30, 2026.
How to settle capital gains in practice
Polish broker
Polish investment firms normally issue a PIT‑8C after the end of the tax year summarizing gains and losses.
- PIT‑8C provided by broker
- Data usually copied directly into PIT‑38
- Less manual calculation required
Foreign broker
Foreign platforms normally do not issue PIT‑8C. The taxpayer must calculate the capital gain independently.
- Export transaction history
- Convert each transaction using NBP exchange rates
- Apply FIFO where required
Shares held with a Polish broker
If your brokerage account is maintained by a Polish investment firm, the broker will usually issue a PIT-8C form after the end of the tax year.
This document summarizes your capital gains and losses.
In most cases, you use the data from PIT-8C when completing your PIT-38.
Shares held with a foreign broker
If your shares or RSUs are held with a foreign broker, no Polish PIT-8C will be issued. This commonly applies to accounts held with US or EU based investment platforms.
In that case, you must calculate the taxable capital gain yourself.
This includes converting each transaction into PLN using the correct NBP exchange rate and applying the FIFO method where required.
The responsibility for correct calculation and reporting in PIT-38 lies entirely with the taxpayer when a foreign broker is involved.
Expert assistance with your PIT-38 settlement
Calculating capital gains for brokerage transactions, handling multiple vesting dates, applying FIFO, and converting amounts into PLN can be time consuming.
Read more about capital gains reporting and PIT-38 in Poland
👉 Capital gains tax FAQ
👉 PIT-38 tax return service
👉 Official PIT-38 information on podatki.gov.pl
