From January 1, 2021, changes in tax regulations have been introduced. One of the changes is the introduction of the term "real estate company". This type of company means an entity that makes up the balance sheet in accordance with accounting rules and :
- for the company starts its activities – on the first day of the tax year, at least 50% of the market value of the assets is real estate located on the territory of the Republic of Poland, or the rights to such real estate,
- for other companies – as of the last day of the tax year, at least 50% of the book value of the assets was real estate located in Poland, and income from leases, subleases and other contracts of a similar nature, which accounted for at least 60% of the total tax revenues or income expressed in the net financial result.
In addition, real estate companies will be those entities whose real estate value exceeds PLN 10 million.
For real estate companies has imposed a number of new responsibilities. The real estate company became a payer of income tax. The tax will cover transactions related to the sale of shares, total rights and obligations, titles, if at least one entity that does not have its registered office and management board in Poland or is a natural person who does not have a place of residence in the Republic of Poland. In such situation, the real estate company will be obliged to pay to the account of tax office an advance payment of 19%, on the income tax in this respect, within the period up to the 20th day of the month following the month in which the income was generated. The taxpayer will be obliged to transfer the amount of the tax advance to the real estate company before this date. Within the period of payment of the tax advance, the real estate company will be obliged to send the taxpayer information about the tax advance paid according to the sample.
Real estate companies will be required before the end of the third month after the end of the year to give the head of the Tax Administration information on the subjects of owning shares, specifying their number. Information must relate to entities holding at least 5% of shares.
When a real estate company does not have office or management board in Poland, it will be obliged to establish a tax representative. The tax representative will perform duties on behalf of the real estate company.