Based on a decree of the Minister of Finance of 29 March this year, real estate companies and their shareholders are required to report their ownership structures by the end of September 2022 for the first time.
On the tax portal of the Ministry of Finance, there are templates of information (submitted electronically) for the fulfilment of this obligation by:
- legal entities viz: CIT-N1 and CIT-N2 and
- natural persons, i.e. PIT-N1 and PIT-N2
(to the best of our knowledge, these forms will soon be additionally supplemented only by the legal basis of the regulations of the MF of 13 July 2022 on the designation of KAS authorities for the receipt and handling of these forms).
Information on the ownership structure of real estate companies will present information:
- on the entities holding, directly or indirectly, at least 5% of the shares (voting rights) of the real estate company as at the last day of the previous fiscal / financial year - in the case of information reported by the real estate company;
- on the number of shares (interests) held, directly or indirectly, in that real estate company - in the case of information reported by shareholders of real estate companies.
The reporting itself is a rather complex process and first requires the identification of real estate companies in the group structure, which - especially in the case of multi-level groups - can be a very time-consuming task.
- verification of entities as real estate companies within the meaning of tax regulations;
- indication of the scope of reporting for real estate companies and their shareholders;
- formal drafting and filing of the structure report (if the logical structure is published).