Permit is required – purchase of real estate by a foreigner in PolandTags: real estate Categories: Glossary of tax related terms, RSS
A permit is required in each case of real estate purchase by a foreginer in Poland, i.e. acquisition of ownership title or perpetual usufruct right to real estate on the basis of a legal transaction.
The following require a permit:
• Purchase of real estate,
• Purchase or taking up of shares in a commercial company which has a registered place of business in the Republic of Poland and is the legal owner or perpetual usufructuary of the real estate.
A permit is required:
• if, by purchasing shares in a company which is the legal owner or perpetual usufructuary of real estate, a foreigner will take control of that company, or
• if shares in an already-controlled company are acquired or taken up by a foreigner who is not the company’s shareholder. A controlled company is a company in which a foreigner or foreigners holds or hold, directly or indirectly, more than 50% of votes at the meeting of partners or the general meeting of shareholders or has or have a dominating position within the meaning of the Code of Commercial Partnerships and Companies.
Without a permit from the Minister of Internal Affairs and Administration no legal acts or entries of ownership titles or perpetual usufruct rights may be made. When special conditions are specified in the permit there is a need to present an evidence, that those conditions have been complied with.