act legal covers all major European business centres.
Warsaw | Amsterdam | Bratislava | Bucharest | Budapest | Frankfurt | Milan | Prague | Vienna
meet us at www.actlegal.com

x
x

actlegal.com

News

Rise of tax on wind farms

07.07.2017

On 1 January 2017, new provisions of the Act on Taxes and Local Charges will enter into force. Under the new provisions, a high real property tax will be imposed on wind farms. The change follows the shift in focus of the energy policy of the Council of Ministers in favour of hard coal, which in the near future may lead to gradual restriction of renewable energy supply.

At present, the taxable amount of the real property tax is equal to the value of all elements of a wind farm (all non-building structures) and not only buildings (masts and foundations).

The changes, which will hurt the pockets of taxpayers, are confirmed by the recent judgement of the Provincial Administrative Court in Bydgoszcz dated 21 February 2017 (case file No. I SA/Bd 866/16) which states that the taxpayer is obligated to report all elements of a wind farm. In the heard case, the panel of judges relied on the Act on Investments to the extent concerning wind farms, which clearly defines wind farms as non-building structures within the meaning of the Construction Law.

In light of the above developments, we recommend reporting for tax purposes all elements of a wind farm, meaning the building parts (masts and foundations) and technical parts (with rotors and rotor blades).

Udostępnij

Related news

Press releases

act BSWW legal & tax provided advice to a company from Profit Development S.A. Group on the acquisition of the real estate located in Warsaw

The team of act BSWW legal & tax provided comprehensive legal advice on the conclusion of a sales and purchase agreement between the seller and a company from the Profit Development S.A. Group, which concerned  a real estate located in Warsaw, Ostródzka Street. The...

Press releases

act BSWW legal & tax advised Archicom S.A. on land acquisition in Wroclaw

The legal team of act BSWW legal & tax was responsible for providing comprehensive legal advice to Archicom S.A. on the acquisition of land in Wroclaw, on Wladyslawa Reymonta Street. The transaction was led by Mateusz Prokopiuk/ Partner with the support of Aneta Gi...

Press releases

act BSWW legal & tax advises WSE-listed developer on acquisitions for residential developments in Kraków

The team led by Michał Wielhorski, Managing Partner, advised ED Invest S.A. on a number of transactions involving the acquisition of land for multi-family residential developments in Kraków. Other team members included: Mateusz Prokopiuk, Partner and Aneta G...

Press releases

act BSWW legal & tax advised on the conclusion of lease agreements for space in the “Plac Unii” complex

The real estate team of act BSWW legal & tax was responsible for providing comprehensive legal advice in the process of negotiating and concluding lease agreements for office, retail and service space located in the “Plac Unii” complex, on Pulawska Street in Warsaw....

Press releases

act BSWW legal & tax advises a company controlled by Adventum Group on acquisition of the Wola Retro office building in Warsaw, for almost EUR 70 million

The act BSWW team provided comprehensive advice on both: financing and acquisition of the Wola Retro office building in Warsaw. Financing part of the deal was led by Marta Kosiedowska (Partner) with support of Mariusz Grochowski (Senior Associate). Transaction itself ...

News

Get the RET right. The tax side of real estate | June 2022

Ministry of Finance suggests more changes to income taxes. Following prior announcements, the draft Act of June 27, 2022 Amending the Corporate Income Tax Act and Selected Other Acts has been published recently. It covers the following: - Postponement (until the end ...

View all