| 13 March, 2023

The shareholder structure reporting deadline for real estate companies is approaching

The deadline for submitting information on the shareholder structure of the so-called real estate companies for 2022 is drawing near. Unlike last year, the information submission deadline for 2022 has not been extended. Consequently, for taxpayers whose tax year coincides with the calendar year, the deadline for fulfilling the reporting obligation passes on the 31st of March, 2023.


Who is subject to the reporting obligation? 

The information is to be submitted by:

  • Entities that meet the definition of a real estate company
  • Shareholders of real estate companies who hold, directly or indirectly, 5% of the voting rights, rights to participate in profits or rights of a similar nature.


What is a real estate company? 

Conditions for being recognized as a real estate company are different in the case of already existing entities and entities commencing their business activity.


Existing entity

Entity commencing its business activity
  • The entity is obligated to draw up a balance sheet,
  • as at the last day of the preceding tax (fiscal) year, the value of real estate located in the territory of Poland constituted, directly or indirectly, at least 50% of the book value of the assets,
  • the book value of the real estate exceeded PLN 10,000,000.00, and
  • at least 60% of the total revenue consisted of revenues derived from:
  • rental, sub-rental, lease, sublease, and contracts of a similar nature,
  • transfer of the ownership title to real estate or rights thereto, or
  • shares in other real estate companies.
  • The entity is obligated to draw up a balance sheet,
  • as at the first day of the tax (fiscal) year, the value of real estate located in the territory of Poland or rights thereto constituted, directly or indirectly, at least 50% of the market value of assets,
  • the market value of the said real estate exceeded PLN 10,000,000.00.


What and how to report.

Real estate companies are obligated to file with the Head of the National Tax Administration information on entities that hold in such a company – directly or indirectly – shares, general rights and obligations, participation units, or rights of a similar nature (along with an indication of their number).


Shareholders of real estate companies who hold, directly or indirectly, 5% of the voting rights, rights to participate in profits, or rights of a similar nature, file with the Head of the National Tax Administration information on the number of shares held, general rights and obligations, participation units, or rights of a similar nature.

The requested information is to be submitted in electronic form. The CIT-N1 form is applicable to real estate companies, whereas the CIT-N2 form is applicable to shareholders of real estate companies.


What’s next? 

If in doubt whether your company is subject to the reporting obligation or not, or if you have any questions regarding the submission of the requested information, please feel free to contact TIAS Tax Department at: office@tias.pl


O autorze

Anna Czyż

TIAS

  

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