Guide to Poland’s filing obligations for real estate companies and their shareholders
Polish real estate companies and their shareholders are required to submit the following information by April 2 2024:
- Real estate companies are mandated to disclose information about entities that directly or indirectly hold shares or similar rights in that real estate company, and about the percentage and number of such shares held by each shareholder; and
- Shareholders (partners) in real estate companies who are taxpayers and hold at least 5% of the shares or similar rights in a real estate company are mandated to disclose information about the percentage and number of their shares or similar rights, held directly or indirectly, in real estate companies.
The submission of this information has to be conducted electronically through official forms. Real estate companies are to use forms CIT-N1 and PIT-N1, while their shareholders are to use forms CIT-N2 and PIT-N2. All submissions are to be made to the pertinent tax office.
Failure to submit the required information, a delay in filing, or providing inaccurate information may lead to penal and fiscal consequences.
There are a number of practical doubts when applying these provisions. For example, it is not clear:
- If, and which, indirect shareholders have the reporting obligations;
- Whether shareholders who are reporting have an obligation to register for a Polish tax number; and
- How a Polish real estate company should collect data about its indirect shareholders who are several levels above in the corporate structure.
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#MORE in Łukasz Kupień article on International Tax Review website >