The tax rate is 0.035% per month of the initial value of the
building determined in accordance with the regulations on tax
depreciation (excluding the value of the land and separate
structures), thus 0.42% per annum.
In 2018, this tax applies to commercial real estate with an
initial value of more than PLN 10 million ($2.8 million). This
includes buildings classified as office buildings and as
commercial and service facilities, that is: shopping centres,
department stores, and independent shops and boutiques. Office
buildings are exempt from the tax, if they are exclusively or
mainly used for the taxpayer's own purposes.
The minimum tax does not have to be paid if the advance
payment on income tax is higher than the amount of this tax.
Moreover, the paid and undeducted tax can be deducted from the
income tax for a given year if the taxpayer pays income tax in
an amount higher than the minimum tax.
According to the latest draft amendment to the tax law
(possibly coming into force on January 1 2019), the minimum tax
is to cover all real estate intended to be rented, excluding
only residential buildings put into use under government or
local government social housing schemes.
The tax will apply to buildings generating revenues from
their rental or lease. If the building is only partially
rented, then the tax will only be charged on the rented part.
Another change relates to the specified value of PLN 10
million. It is planned that this value will include
collectively all buildings owned by the given taxpayer,
regardless of quantity and the individual value of each
building.
In addition, the rules provide for the possibility to apply
for a refund of the additional tax if the tax authority finds
no irregularities in the settlement of this tax and confirms
that the taxpayer's income tax has been settled appropriately.
Transitional provisions regarding the possibility of applying
for a refund assume that taxpayers will be able to apply for
the refund for the period beginning January 1 2018.
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| Justyna Bauta-Szostak |
Justyna Bauta-Szostak (justyna.bauta-szostak@mddp.pl)
MDDP
Tel: +48 (22) 322 68 88
Website: www.mddp.pl