Poland: Obligation to disclose interests in real estate companies applies to non-residents

A general ruling to disclose interests in real estate companies applies to non-residents

A general ruling to disclose interests in real estate companies applies to non-residents

The Minister of Finance on 23 February 2023, issued General Ruling no. DD5.8203.7.2022, regarding the obligation under Article 27(1e) of the Corporate Income Tax Act and Article 45(3f) of the Personal Income Tax Act to disclose direct and indirect interests in a real estate company which clarified that the disclosure obligation applies not only to Polish tax residents, but also to non-Polish tax residents.

The general ruling also confirmed that the disclosure obligation does not apply to corporate income tax-exempt taxpayers. However, that exclusion does not apply to the real estate company, which is also required to disclose information on entities holding, directly or indirectly, shares, all rights and obligations, units and similar rights in the company.

KPMG observation

However, the general ruling left several questions unanswered.

  • It is unclear whether the disclosure obligation is triggered solely by the fact of holding shares or other interest in a real estate company, or whether the entity must be also subject to tax obligation in Poland for any reason in the tax year to which the information relates.
  • It is also unclear whether a real estate company must report all entities holding shares or other interests in the company, including fiscally transparent entities, or is only required to report taxable entities that hold direct or indirect interests in the company.

Read a March 2023 report prepared by the KPMG member firm in Poland


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