The deadline for submitting the information on the structure of real estate companies

Real estate companies are obliged to provide the Head of the National Revenue Administration with information about entities holding shares directly or indirectly in this entity by the end of the third month after the end of the real estate company's tax year.

Who is obligated to prepare the information?

Real estate companies, within the meaning of Art. 4a sec. 1 point 35 of the CIT Act, and taxpayers owning, directly or indirectly, shares (stocks) in a real estate company giving at least 5% of the voting rights in the company or all rights and obligations giving at least 5% of the right to participate in the profit of a company that is not a legal person, or at least 5% of the total number of participation units or rights of a similar nature are required to provide the Head of the National Revenue Administration with the information:

1. about entities holding, directly or indirectly, shares (stocks) in this real estate company, all rights and obligations, participation titles or rights of a similar nature, together with the number of such rights held by each of them - in the case of information provided by real estate companies,
2. about the number of shares (stocks) held, directly or indirectly, in this real estate company, all rights and obligations, participation units or rights of a similar nature - in the case of information provided by taxpayers who are partners of real estate companies

- according to the state of the last day of the tax year of the real estate company, and if the real estate company is not a taxpayer of income tax - on the last day of its financial year.

What is the exact deadline for submitting the information?

The information should be submitted to the Head of the National Revenue Administration by the end of the third month after the end of the real estate company's tax year, and if the real estate company is not a taxpayer of income tax - by the end of the third month after the end of the real estate company's financial year.

In what form should the information be submitted?

The information should be prepared in electronic form in accordance with the template specified by the Ministry of Finance.

As at the date of this alert, the information template has not yet been published.

What support do we offer?

At your request, we can support you in:

• preparing an analysis of whether you meet the definition of a real estate company pursuant to Art. 4a sec. 1 point 35 of the CIT Act;
• completing the form (as soon as it is published by the Ministry of Finance).

If you are interested in Mazars' support in this regard, please contact our Tax Advisory Department.

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