A structure in a Complex Fixed Asset to be Taxed According to its Market Value

On October 12, the Supreme Administrative Court issued a final resolution on determining the tax base for real estate tax on buildings, the value of which was included in the so-called overall fixed assets.

It deals with complex fixed assets when they cover more than one building object. Settlement of this for PoN is particularly problematic because the initial value of this fixed asset (which is, in fact, the tax base) includes, apart from the value of the structure, the values ​​of other objects that should not be in the tax base.

Fixed Assets to be Taxed in the Future:

According to the already established law, in this case, covering several objects (e.g. buildings and small architectural objects that are not subject to taxation), the basis for PoN taxation is the market value of the structure. The situation is less clear when it comes to indirect costs improperly capitalized to the initial value of the overall assets.

Today’s series of judgments of the Supreme Administrative Court concerned precisely the situation when the taxpayer improperly included in the initial value of a fixed asset (including buildings for PoN purposes) the indirect costs of a real estate investment.

According to the authorities and the Provincial Administrative Court in Rzeszów: “since the value of the structure was included in the initial value of the overall fixed asset, there can be no doubt that the taxpayer made discount write-offs on the initial value of the disputed structure.” Consequently, the tax base should be the value of a comprehensive asset.

The Supreme Administrative Court had a different opinion, which indicated that in the situation when indirect investment costs were unduly obtained for a complex fixed asset, expenses not obtained in the initial value of the fixed asset should be excluded from the tax base.

On the other hand, the Act on Local Taxes and Fees does not provide for the reconstruction of the value of buildings through accounting operations modifying the initial value, therefore, in such a situation, Art. 4 sec. 5 ordering the determination of the tax base of PoN, taking into account the market value of the building.

What This Means for Businesses in Poland

Tax policy changes in Poland have direct implications for both domestic and foreign-owned businesses. Companies operating in Poland must stay informed about regulatory developments to optimize their tax position and maintain compliance. The Polish tax system includes CIT (19% standard, 9% for small taxpayers), VAT (23% standard rate with reduced rates of 8% and 5%), and various sector-specific levies.

For international entrepreneurs and investors, understanding the Polish tax landscape is essential for business planning. Poland offers several attractive incentives including the Polish Investment Zone (up to 15 years of CIT exemption), R&D tax relief (up to 200% deduction), and the IP Box regime (5% effective CIT rate on qualified intellectual property income). Professional tax advisory can help identify the most beneficial structure for your specific situation.

The interplay between Polish domestic tax law and international tax treaties is particularly important for foreign-owned entities. Transfer pricing regulations, withholding tax provisions, and anti-avoidance rules (GAAR) require careful navigation to ensure both compliance and optimization.

If you are doing business in Poland or considering entering the Polish market, Zalewski Consulting can help. Learn more about our tax advisory services in Poland, or contact us for a free consultation.