Newsletter: REal Knowledge about the Polish real estate market 5/2022

In this edition we will talk about New Polish Deal and its impact on CIT. We will also shed light to the decision of Polish Supreme Administrative Court on tax exemption for German real estate investment funds. Moreover, we will update you on WHT regulations effective as of 1st January 2022.

We have also prepared a list of selected deadlines for the main obligations that real estate rich companies are required to perform as a result of their business activities in the 2021 tax year. We hope it will be helpful.

We encourage you also to discover our latest series of articles: Deloitte Real Estate Predictions 2022 and Deloitte Construction Predictions 2022.

TAX

Polish Supreme Administrative Court confirms availability of tax exemption for German real estate investment funds
Tax article

In November 2021 the Supreme Administrative Court confirmed that revenue generated by real estate investment funds with their registered offices in Germany was exempt from income tax in Poland, provided it originated from investments carried out in Poland by limited liability companies.

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CIT according to the New Polish Deal
Tax article

Under “New Polish Deal” as of 1 January 2022 following an amendment to the CIT Act, surplus debt funding costs up to 30 percent of EBITDA generated in a given fiscal year or to PLN 3 million (the “safe harbor” cap) classify as tax-deductible expenses.

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WHT pay and refund mechanism applicable to payments made on or after 1 January 2022
Tax article

As of 1 January 2022, pursuant to an amendment to the CIT Act, a pay-and-refund (“P&R”) mechanism has been introduced in relation to certain amounts in excess of PLN 2 million transferred to a single related party being a foreign tax resident.

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Deadlines applicable to real estate rich companies
Tax article

In the article you will find selected deadlines for the main obligations that real estate rich companies are required to perform as a result of their business activities in the 2021 tax year.

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