Dr Przemysław Szymczyk: articles by this author
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?
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?
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 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.
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.
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.