Tax neutrality at leasing or rural farms

Abstract

Motivation: One of the forms of investing by individuals is real estate. The scope of the quoted content including properties in the form of agricultural land. Until May 1, 2016, any individual could become the owner of agricultural land in Poland. The free purchase of agricultural land was limited by the restrictive provisions of Act on shaping the agricultural system (2003) of April 11, 2003. The change of regulations concerning the free trade of agricultural properties did not result (although it tends to do) in the fact that agricultural land remain only in the hands of farmers. Individuals who have acquired land before May, 2016 and are not related to agriculture can lease or rent the land to others. The received rent is a financial advantage that is treated in a special way by the tax law. The benefits obtained by leasing by a natural person not related to agriculture are treated as personal income tax on a preferential basis.

Aim: The purpose of this article is to analyze the taxation of income earned by leasing or renting agricultural properties to third parties.

Results: The remuneration received from a lease of a farm or its components for agricultural purposes is not a source of income in terms of personal income tax. Revenues earned from renting or leasing properties to third parties for non-agricultural purposes are subject to personal income tax. In this case, the rent received is a source of personal income and must be reported to the appropriate tax office.