When selling real estate in 2024 before five years from the end of the calendar year in which the above property was acquired or built, it is necessary to file a PIT-39 declaration before April 30, 2024.

Income received in 2024 from real estate purchased or built in 2019, that is, after five years, is exempt from filing a PIT-39 declaration and paying taxes. Otherwise, such income from the sale of real estate must be submitted in a PIT-39 declaration.

The taxable basis is the income from the sale of real estate or property rights related to real estate, reduced by the costs associated with obtaining this income and increased by the amount of depreciation. Income from the sale of real estate or property rights is the price specified in the contract with the buyer, minus the costs of sale: notary fees, other expenses.

Income-generating expenses include documented expenses that were spent on the acquisition or construction of real estate or property rights. In addition, expenses may include documented expenses that increased the value of real estate and property rights, such as payment for construction work, modernization, loans and interest, etc.

The tax rate is 19% of the income received.

Income from the sale of real estate and property rights is exempt from income tax if it is used for one's own housing needs, i.e. the acquisition of other real estate or property rights. If all income from the sale of real estate is used for one's own housing needs, then the income received will be completely exempt from tax (housing tax relief). The condition for exemption from tax is the implementation of expenses on one's own housing for 3 years. The implementation of housing purposes can be in Poland or in the EU Member States, the European Economic Area or the Swiss Confederation.

Declaration PIT-39 on income received from the sale of real estate or property rights in 2024 is filed from February 15 to April 30, 2025. The declaration is filed by the owner of the property; joint filing of the declaration for spouses does not apply.

Information on taxation of income from the sale of real estate at the link on the tax portal.