The Civil Law Activities Tax, known as PCC, is one of the mandatory taxes that may arise when purchasing real estate. Although the topic may seem complicated, in reality, the rules for calculating it are quite straightforward. In this article, we will explain when the PCC tax is paid and when it can be avoided, especially in the context of the real estate market.
What is the PCC tax?
The Civil Law Activities Tax (PCC) is a tax paid on certain civil law contracts, such as sales, exchanges, or donations. It amounts to 2% of the market value of the property and is collected by the tax office. This tax is not applied to every real estate transaction but only in specific cases. It primarily concerns the purchase of real estate on the secondary market.
When is the PCC tax paid?
In general, the PCC tax is paid when purchasing real estate on the secondary market, meaning when it is bought from a private individual or a company that is not a developer. This applies to both apartments and single-family houses. The tax is calculated based on the market value of the property, which is the price agreed upon in the contract.
Example:
If we buy an apartment on the secondary market for 600,000 PLN, the PCC tax will be 2% of that amount, which is 12,000 PLN.
When is PCC not paid?
There are several situations in which we can avoid paying the PCC tax. The PCC tax exemption applies when:
1. We purchase real estate on the primary market (from a developer):
When purchasing an apartment or house from a developer, we do not have to pay the PCC tax. Properties on the primary market are exempt from PCC. Only VAT (8% or 23% of the property price) applies here, which is paid by the developer. This is one of the main differences between these two markets.
2. Purchase of the first apartment on the secondary market:
If you are buying your first apartment on the secondary market, you will also be exempt from paying the PCC tax. According to the regulations, individuals purchasing their first property can benefit from an exemption that relieves them from this tax obligation, even if the property is from the secondary market. It is important that these individuals have not previously owned an apartment, house, land with a residential building, or a share in a property (except for a share of no more than 50% acquired through inheritance).
3. Transfer of property as a gift or inheritance by individuals (e.g., spouses):
If the property is transferred to us through a gift or inheritance (and not through purchase), we do not pay the PCC tax. In this case, separate tax regulations apply for inheritances and gifts.
PCC Tax – Exclusions from the exemption
Not every transaction qualifies for the exemption for the purchase of the first apartment. There are several situations in which the buyer must pay the Civil Law Activities Tax (PCC). The tax exemption does not apply, among others, to:
– The purchase of another apartment or house – if you already own or have previously owned any property (apartment, house, land with a house, or a share in a property), you cannot benefit from the exemption and will have to pay the PCC tax (2% of the market value of the property).
– Purchase by a company or within business activity
The exemption applies to individuals purchasing for their own housing needs.
If the purchase is made by a company (e.g., for rental or business purposes), the exemption does not apply.
PCC on the primary vs. secondary market – why developers don’t pay PCC?
On the primary market, PCC is not paid because instead, 8% or 23% VAT applies. Developers are required to charge VAT when selling new properties, which means that buyers purchasing apartments and houses from the primary market do not have to worry about an additional 2% tax. This solution aims to simplify tax procedures and encourage investment in new apartments.
Summary – How to avoid PCC when purchasing real estate?
Purchasing real estate is a significant investment, and understanding the rules regarding the PCC tax can help save unnecessary costs. If you are buying property on the primary market, you don’t have to worry about this tax. On the secondary market, however, PCC is mandatory and amounts to 2% of the property’s value, with the exception of individuals buying their first apartment, who can benefit from the exemption. Also, remember that in the case of gifts, inheritances, or purchases from municipalities, you can also avoid paying this tax.
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