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Poland: Property Taxes

Overview

Nonresidents in Poland are taxed only on income derived from Polish sources. Married couples can file their tax returns either separately or jointly. Taxable income is determined by subtracting income-related expenses from gross income. The total income from all sources is then subject to progressive tax rates.

Rental Income Tax

Private rental income in Poland can only be taxed using the lump-sum method. The tax rate is 8.5% for annual revenue up to PLN 100,000 (€23,400) and 12.5% for any amount exceeding this threshold.

<table> <tbody> <tr class="blue-row" > <td colspan="2"><strong>Yearly income, €</strong></td> </tr> <tr> <td>23,400</td> <td>1,000,000</td> </tr> </tbody> <tbody> <tr class="blue-row" > <td colspan="2"><strong>Tax rate, %</strong></td> </tr> <tr> <td>8.50</td> <td>12.50</td> </tr> </tbody> </table>

Corporate Taxation

Corporate income and capital gains are subject to a 19% corporate tax rate. Expenses incurred to generate income can be deducted when determining taxable income.

Capital Gains Tax

Capital gains from real estate sales are exempt from taxation if the property has been owned for at least five years before the sale. If a property is sold within five years of acquisition, capital gains are taxed at a flat rate of 19%. The taxable gain is calculated by deducting the purchase price and transaction costs from the selling price. For residential properties acquired before January 1, 2007, different rules apply. A 10% flat tax is imposed on the sales proceeds after deducting transaction costs.

Value Added Tax (VAT)

VAT is typically charged at a standard rate of 23%, with a reduced rate of 8% applicable to certain transactions. The rental of real estate for residential purposes (excluding business use) is exempt from VAT. Sales of land and buildings are generally subject to a 23% VAT rate. However, a reduced rate of 8% may apply if the residential property does not exceed 150 square meters.

Transaction Costs

<table> <tbody> <tr class="blue-row" > <td><strong>Description</strong></td> <td><strong>Cost Range</strong></td> <td><strong>Who Pays</strong></td> </tr> <tr> <td>Property Transfer Tax</td> <td>2%</td> <td>Buyer</td> </tr> <tr> <td>Legal Fees</td> <td>1%</td> <td>Buyer</td> </tr> <tr> <td>Real Estate Agent Fee</td> <td>2%-3%</td> <td>Buyer/Seller</td> </tr> <tr> <td>Notary Fee</td> <td>0.5%-1%</td> <td>Buyer</td> </tr> </tbody> </table>

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