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Buying flat in Poland by non resident


sa11y 5 | 331
17 Jan 2012 #1
Hi, I want to buy a flat in Poland (together with my mother). I won't be in Poland to sign the notarial act, but I can authorise my mom to do that. What I need to know is are there any taxes to be paid and if yes how much? Do I need to prove the money for purchase was earned legally and what would be acceptable proof of that? Also, if this proves too much hassle and I decide to finance part of the flat for my mom, does she have to pay tax on the value she gets from me?
bobbysingh 1 | 16
18 Jan 2012 #2
If you will pay via your bank, then I don't think you will need to prove your income, it also depends on the total value you will pay to buy the house. Since you will have to hire a notary services, they will also be able to guide you.

Where are you from?
OP sa11y 5 | 331
18 Jan 2012 #3
I live in South Africa - proving the origin of money is not an issue, I work legally, the only problem is that it takes ages to get any sort of tax or government paper in South Africa...

I think tax return would be easiest, but I do mine on-line so would probably need to have one certified. And here one trip to tax office = one trip to hell...

The transfer would be done from my bank account in Poland, into which I transfer money from time to time, the value of property is not big (200-250 000 PLN) and I would be financing probably 50-80 000. I know that there are some taxes associated with transfer (like everywhere I guess) and the notary services, but not sure if there is anything else.
bobbysingh 1 | 16
18 Jan 2012 #4
I'd suggest to transfer money to your Polish bank, and then buy your house here from that bank. It should not be that tough. Did you discuss this with any lawyer here in Poland?
OP sa11y 5 | 331
18 Jan 2012 #5
Did you discuss this with any lawyer here in Poland

My mom did and she said that the proof of the origin of funds may be required (although not always requested), as well as that I will have to give my mom special authorization so that she can sign documents in my place (called Apostile or something like that), which has to be signed by notary and government authorized official (who I still have to find...), but apparently Polish Consulate should be able to provide the list.

This is apparently because a flat is not only an asset but a liability so you can't just buy a flat for somebody (or make them co-owners) without them formally agreeing or participating in the process. It makes sense, but it all seems like a bit of pain in the a** so I might just give my portion to my mom as "darowizna" as far as i know this is not taxable between first tier family members (but I might be wrong).
bobbysingh 1 | 16
18 Jan 2012 #6
Which city do you want to buy the flat? I am try to be of assistance for a small fee if thats ok with you?
OP sa11y 5 | 331
18 Jan 2012 #7
In Kielce (actually my mom is buying, I just contribute - she will be the real owner).
Thanks for the offer, I don't think it will be necessary as most of the painstaking activities need to be done in South Africa...
peterweg 37 | 2,320
18 Jan 2012 #8
Which city do you want to buy the flat? I am try to be of assistance for a small fee if thats ok with you?

No offense, but that would be an offer I would refuse.

If you need a translator, hire one. A English speaking Notary is not impossible to find.


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