30 September The extension of the deadline for submitting information on the ownership structure of real estate companies. They must be submitted by real estate companies whose tax/turnover year ended in the period from 31 December 2021 to 31 May 2021
This is extended because the Ministry of Finance has not previously organised technical solutions to send the necessary information, the basic, statutory deadline for submitting forms is at the end 3. one month after the end of the tax/turnover year of the company.
Who is involved in this obligation?
The obligation to submit information is imposed on real estate companies, as well as the shareholders of those companies, as is apparent from Article 27(1e) Act on 15 February 1992 on corporate income tax (CIT) and from Article 45(3f) Act on 26 July 1991 on income tax on individuals (more widely known as the PIT Act).
The concept of a real estate company shall be understood to mean an entity other than a natural person, obliged to draw up a balance sheet on the basis of accounting rules, in which:
(a) for start-ups, at least on the first day of the tax year 50% the market value of the assets, directly or indirectly, was the market value of the real estate located in Poland or the rights to such real estate, exceeding 10,000,000 PLN;
(b) for other operators, on the last day of the year preceding at least 50% the carrying amount of assets, directly or indirectly, was the carrying amount of real estate located in Poland or the rights to such real estate and the carrying amount of those properties exceeded 10,000,000 PLN and where revenue from the lease, sub-rental, lease, sub-leasing, leasing and other similar contracts or from the transfer of property ownership (or rights) and shares in other real estate companies were at least 60% the total tax revenue or net financial result.
What forms do you have to submit?
Information shall be submitted on the form PIT-N1 – as regards information on entities which hold direct or indirect rights to a real estate company and are taxable persons of PIT (natural persons), or CIT-N1 – as regards information on entities other than natural persons who have direct or indirect rights to a real estate company.
Forms CIT-N2 and PIT-N2 they serve to submit by shareholders of a real estate company data on the number of shares, shares and all rights and obligations, titles of participation or rights of a similar nature held directly or indirectly.
Forms have only recently been published at: https://www.podatki.gov.pl/cit/e-deklaracje-cit/
Look out!
For submission of forms CIT-N1 and PIT-N1 or CIT-N2 and PIT-N2, it is necessary to have a Polish tax identifier NIP or PESEL (for a natural person).
If, for example, foreign entities, which have the obligation to submit this information, do not have a Polish tax identifier, then in order to comply with the obligation, they must apply to Polish authorities for its granting.
If you are not sure whether the obligation to report real estate companies also applies to your company or how to provide information, please contact us.