On March 23, 2022, Dziennik Gazeta Prawna published an article with commentary from an expert from BTTP. The article contains information on the rules for submitting information by real estate companies and their shareholders.
Real estate companies, as well as all taxpayers who directly or indirectly hold at least 5% of shares in such companies, are required to submit annual information to the Head of the National Tax Administration. As part of the information provided, the real estate company is required to indicate all of its 5% shareholders, regardless of whether they hold the shares directly or indirectly, whether they are Polish or foreign tax residents, and regardless of whether they are income tax payers in Poland or not.
Izabela Jasion, a consultant from BTTP, points out that establishing a full list of all its direct and indirect owners by a Polish real estate company may be a very difficult or even impossible task. Furthermore, the Ministry of Finance has not explained in what circumstances a foreign partner may be considered to meet the status of a "taxpayer". Nevertheless, it seems that this obligation should apply only to shareholders who are income tax payers in Poland, or in the case of foreign partners, only if they generate income subject to taxation in the Republic of Poland. Adopting a different interpretation would lead to the absurd conclusion that the obligation to submit information applies to entities from all over the world because in some jurisdiction they certainly have the status of a taxpayer - comments Izabela Jasion.
Information to the Head of KAS should be submitted no later than the third month after the end of the tax year of a given real estate company. However, this year this obligation has been postponed until September 30.
