The real estate market is one of the most dynamic segments of the economy, requiring substantial financial investment. Every decision – whether it concerns the purchase, sale, divestment or day-to-day management of real estate – entails a range of tax implications that may significantly affect the profitability of the entire undertaking.
Tax advisory services for real estate cover a broad spectrum of activities
Given the numerous challenges currently facing the real estate sector – such as the evolving regulatory and economic environment, rising financing costs and increasingly stringent approaches adopted by Polish tax authorities – many taxpayers find it essential to seek assistance from tax advisors who are well-versed in the local market and regulations, and who offer comprehensive support at every stage of the investment process.
The RSM Poland team has extensive experience in this area and navigates the complexities of taxation with ease, providing regular and reliable advice not only to Polish and foreign property owners and investors, but also to entities supporting owners operating in the Polish real estate market – including property management companies.
To ensure smooth and clear communication, we offer our support in three languages: Polish, English and German.
Our comprehensive tax advisory services cover all types of real estate and encompass the full sequence of related activities – from acquisition, through use and management, to sale or divestment. We serve as a constant and dependable partner, responding to pressing questions and evolving needs at every stage of real estate operations.
Real estate transactions and VAT settlements
As part of our tax settlement support, we analyse whether a planned real estate purchase or sale transaction is subject to VAT, or whether an exemption may apply. RSM Poland’s tax advisors determine the tax consequences of the actions undertaken by the entity, thoroughly assessing the possibility of input VAT deduction and the tax risks associated with the transaction.
Support in determining whether a transaction is subject to VAT or PCC
We conduct a detailed review of planned transactions to clarify whether the disposal or acquisition of real estate is subject to VAT or to civil law transaction tax (PCC). This minimises the risk of incorrect settlements, unnecessary costs and potential issues or disputes with Polish tax authorities. Thanks to our team’s recommendations, entities gain confidence that the transaction will proceed safely and without generating tax risk.
Tax structuring of investments
We offer comprehensive and tailored tax structuring of investments, taking into account all key aspects of taxation in Poland.
Our support includes analysis of tax costs related to real estate acquisition – including transaction taxes – financing optimisation and tax aspects of debt financing. We advise on how to effectively manage tax burdens during ongoing real estate operations and how to plan the distribution of funds generated by the investment. We also prepare analyses of the tax implications of potential future divestment.
Tax Advisory and reviews
As part of our services, we also offer tax reviews, during which RSM Poland’s tax advisors analyse contract provisions, identifying potential risks and obligations.
Preparation of requests for individual interpretations and binding rate information
Upon client request, our tax advisory team prepares and submits applications to Polish tax authorities for individual interpretations and binding rate information, thereby ensuring tax security for entities managing real estate and protecting them from adverse consequences of disputed legal interpretations. This service covers both the taxation of real estate transactions and the determination of the existence of a fixed establishment or a permanent establishment in Poland.
Support regarding real estate tax obligation
We assist entities in fulfilling their tax obligations in Poland by conducting detailed analyses of real estate tax applicable to facilities and verifying the accuracy of previous settlements. Where irregularities are identified, we prepare an appropriate action plan to properly settle any arrears or reduce the amount of liabilities.
Our comprehensive support includes services such as:
VAT analysis for ongoing operational activities
CIT analysis for ongoing operational activities
PIT analysis for ongoing operational activities
PCC analysis for ongoing operational activities
Real estate tax (RET) analysis for ongoing operations and RET compliance
Analysis of tax reporting under Pillar II (GloBE) – global minimum tax
Representation of clients in dealings with tax authorities
Support during tax audits and verification procedures
Submission of applications for individual tax interpretations
Submission of applications for binding rate information
Tax scheme reporting (preparation and submission of MDR files)
Analysis of the risk of creating a permanent establishment (PE) or fixed establishment (FE)
Conducting tax audits and Tax Due Diligence (TDD)
Transfer pricing analysis and preparation of transfer pricing documentation