Reporting of real estate companies by September 30, 2022

The Ministry of Finance recently released templates for interactive forms that allow real estate companies and their shareholders to file information on their group structure required by the provisions of the CIT Act. It is worth reminding at this point about the upcoming deadline for reporting the structure of real estate companies, which is September 30, 2022.

Real estate company – reporting obligation

The reporting obligation rests separately and independently,

• on real estate companies,
• shareholders holding directly or indirectly shares (stocks) giving at least 5% of the company’s voting rights,
• partners holding directly or indirectly all rights and obligations giving at least 5% of the right to share in the profit of a company that is not a legal entity,
• shareholders holding directly or indirectly at least 5% of the total number of participation titles or rights of a similar nature

The reported information should be up-to-date as of the last day of the real estate company’s fiscal year, or if the real estate company is not an income taxpayer, as of the last day of its fiscal year.

Deadline for reporting

According to the provisions of the CIT Law, the aforementioned information should be submitted to the Head of KAS by the end of the third month after the end of the real estate company’s tax year, and in case the real estate company is not an income taxpayer – by the end of the third month after the end of the real estate company’s fiscal year. In practice, for the vast majority of real estate companies, the deadline for filing the required information was the end of March this year.

However, the Minister of Finance, through a decree, extended the deadline for filing the required information until the end of September 2022, as the tools for filing the required information electronically were not yet ready in March.

We have previously written about the real estate company and its related obligations in the following articles:

• https://www.dudkowiak.com/blog/real-estate-real-estate-company-in-the-amendment-to-the-cit-act.html;

Our lawyers in the real estate law team advise real estate companies on, among other things, the correct identification of entities required to report and the submission of required information to the Head of KAS.