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dr Przemysław Szymczyk
When should the first fee for conversion of perpetual usufruct be paid?
The authorities have 12 months to issue certificates confirming the conversion of perpetual usufruct into ownership (2 January 2020 is the deadline for issuing them). Therefore, the parliament has established a transitional provision according to which the fee for 2019 is to be paid by 29 February 2020. However, is it worth taking advantage of this extension? And will the high discount for conversion continue to be applicable? What about the property tax—will it also change?
Sale of private property: VAT or transaction tax?
Do circumstances such as placing an advertisement for sale of real estate on an auction site or increasing the value of the land by partitioning it into smaller plots, adding utility connections, or establishing easements always indicate that the seller acts as a business and the transaction is subject to VAT, not the tax on civil-law transactions?
Poland attracts foreign investors
According to the World Bank’s latest report, Doing Business 2017, Poland has once again advanced and now holds 24th place among 190 countries ranked in terms of how easy it is to do business there. And in EY’s European Attractiveness Survey 2016 Poland was recognised as the 5th most attractive FDI destination in Europe (1st in CEE). Poland’s main strengths are stable economic growth, a large consumer market, numerous tax incentives, and its location at the crossroads of major continental trade routes.
The concept of agricultural real estate under the Agricultural System Act
real estate, M&A
The broad limitations on trading in agricultural land introduced by amendment of the Agricultural System Act require extreme caution in any transaction potentially involving this type of property, as the definition of agricultural land assumes huge importance.
Legalisation of unlawful construction
Demolition of all or part of a structure erected as a result of unlawful construction is not the rule, but is an alternative to legalisation of the structure, which should always be applied whenever the structure is consistent with the planning guidelines and other regulations such as technical construction regulations.
Reprivatisation claims and the acquisition of adjacent real estate by residential cooperatives
real estate, reprivatisation
Monetary compensation for former owners of Warsaw Decree properties could help in many instances to remove the barrier to acquisition by residential cooperatives of adjacent plots of land to improve the conditions for development of their own real estate.
It's not just Giesche
The legal status of holders of pre-war bearer stock certificates remains unresolved.
Holders of shares of pre-war companies: Shareholders or collectors?
The holders of share certificates of Giesche SA did not succeed in reactivating the pre-war company. But does that mean that share certificates issued by pre-war Polish companies are now only of value as collector’s items?
Special rules for taxation of investments in Belarus
Special economic zones, Hi-Tech Park Belarus, and the China-Belarus Industrial Park are just a few of the projects in Belarus offering highly favourable investment conditions, particularly in the area of taxation.
Starting a business in Belarus
With simplified registration procedures, it now takes just a day to establish a business in Belarus. When registration is based on documents from Poland, no additional legalisation is required.
Lessee's rights in the event of defects in leased property
One of the basic elements of the legal protection afforded to lessees is the lessor’s liability under the warranty for physical and legal defects in a leased asset.
VAT on the sale of developed land
real estate, tax, M&A
The manner in which a structure on land is defined determines the tax consequences of sale of the land.