The extension of reporting deadlines is once again introduced for entrepreneurs. Unless the time limit for sending the declaration is deferred CIT-8 whether the financial statements are no longer extraordinary, so the submission of information by real estate companies about once her associates caused real concern. Year 2022 is first the year in which real estate companies and their partners are required to submit special information.
Real estate companies become companies in which the carrying amount of the property exceeds 10,000,000 PLN and simultaneously exceeds 50% the carrying amount of the assets.
According to the literal wording of the legislation, the statutory definition distinguishes between situations where we are dealing with an entity starting business and an entity continuing business activity.
The definition of these companies was created for a reason – entities that fulfil the above criteria are eligible for additional public-law obligations.
According to Article 27(1e) CIT Act and Article 45(1f) The PIT Act of the Company and its shareholders are obliged to transfer ownership structures to the Head of the National Tax Administration. This obligation must be fulfilled by real estate companies and their partners who have:
- • shares or shares giving at least 5% voting rights,
- • all rights and obligations giving at least 5% rights to participate in profit,
- • at least 5% the total number of participation titles or similar rights.
More specifically, we have presented the scope needed to transfer data to tax authorities in previous articles.
This information should be sent by electronic means to the recipient box of the Head of National Tax Administration. In the absence of a precise definition of the scope of the information to be reported to the tax authorities and the model form, it was decided to extend the deadline for submitting all the information required to 30 September 2022.
Therefore, on 31 March was published in the Official Journal of the Minister of Finance on the extension of the deadline for the communication of information on real estate companies from 29 March 2022 (Journal of Laws of 2022, item 709), that:
„section 1. Extends to day 30 September 2022 the time limit for the transmission by real estate companies, natural persons tax taxable persons and corporate tax taxable persons of the information referred to:
- 1) In Article 45(3f) Act of 26 July 1991 on personal income tax (Journal of Laws of 2021, item 1128, as amended),
- 2) In Article 27(1e) Act of 15 February 1992 on corporate income tax (Journal of Laws of 2021, item 1800, as amended) – concerning real estate companies whose tax year or financial year ended in the period from 31 December 2021 up to day 31 May 2022”
The extension of the deadline to submit information on real estate companies is beneficial for both the tax and taxpayers. Since the tax may draw up an appropriate form for the transmission of the above information and the companies and their partners may provide reliable and complete information to the tax authorities.
Written by Darya Bannaya
Younger tax consultant. Graduate of Law at the Faculty of Law and Administration of the University of Warsaw, graduate of Global Business, Finance and Management in Warsaw School of Economics. Winner of the Ministry of Finance competition “Tax to Leaders” 7. edition. Conducting trainings and conferences for foreigners in tax aspects of conducting and establishing business in Poland.
He specializes in tax law, advising clients on current matters relating primarily to income taxes.
Author and co-author of a tax law publication.