If a taxpayer loses the right to flat rate taxation as a result of a breach of the conditions for its application, the taxpayer may file a notice on the choice of flat rate taxation again after the expiry of 3 tax years, but not earlier than after the expiry of 36 months, following the calendar year in which the taxpayer lost the right to flat rate taxation (art. 28l(2) of the CIT Act).
A taxpayer will lose the right to flat rate taxation on company income in the event of:
submission of an opt-out from flat rate taxation
failure to satisfy any of the conditions for flat rate taxation
failure to keep tax books or keeping them in a manner that does not make it possible to determine the net financial result within the meaning of the Accounting Act
acquisition of another entity through a merger or division of entities or the receipt of a contribution in kind in the form of an enterprise or an organised part thereof not subject to flat rate taxation.
