Reporting information about real property companies

by Anna Rucińska

15 February 2024

Real property companies and their shareholders are required to report their shareholding structure. The reporting deadline for real property companies whose tax year matches the calendar year is 2 April 2024. The shareholding structure should be reported as of 31 December 2023.

What is a real property company?

Simply speaking, real property companies are non-individuals in which:

as of the first day of the tax year – at least 50% of assets are made (directly or indirectly) of real properties, and their total value exceeds 10 million zloty – as regards startups;
as of the last day of the year preceding the tax year – at least 60% of annual revenues come from real properties and which meet these two conditions – as regards existing entities.

Therefore, the existing entities must use their data as of 31 December 2022 to report information for 2023.

Obligations

The obligation to provide information to the Head of the National Revenue Administration remains with real property companies and their shareholders exercising:

at least 5% of voting rights in the company or
rights and obligations which give at least 5% right to a share in profit of a partnership or
at least 5% of total participation rights or similar rights.

According to the general ruling of the Minister of Finance of 28 February 2023 (file no. DD5.8203.7.2022):

if a shareholder is a foreign entity, it has to report to the Head of the National Revenue Administration even if it is not a Polish taxpayer;
in order to report, the foreign entity needs to obtain a Polish tax identification number (NIP) or a personal identification number (PESEL).

As the deadline is approaching, now is a good time to start preparing the forms. The reporting process may take some time as it involves analysing the shareholding structure and requires collecting relevant documents. Start working on it today to meet your obligations on time.

If you have questions about the new obligations, contact our experts.

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Anna Rucińska

Attorney at law (Poland)

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