If you sold a property in Poland in 2025 that you acquired fewer than five years ago, you have a PIT-39 filing obligation by 30 April 2026. The Twój e-PIT portal will not prompt you. It will not pre-populate a PIT-39. It has no record of your property purchase date, your documented acquisition costs, your renovation expenses, or your reinvestment intentions. If you take no action by 30 April, the portal will auto-approve whatever return it has prepared — and it will not contain your PIT-39 obligation.

The 19% Belki tax applies to the net gain from the sale. The net gain is not the sale price — it is sale proceeds minus documented acquisition costs. Most sellers owe significantly less than 19% of the sale price. Some owe nothing at all. The portal cannot make this calculation. You must file PIT-39 manually and make it yourself — or establish that an exemption applies before the deadline.

Does the PIT-39 Obligation Apply to You

Your SituationPIT-39 Required?What Applies
Sold property in 2025, acquired more than 5 years agoNo — exempt from capital gains taxThe 5-year period runs from the end of the calendar year of acquisition. Property purchased in any month of 2019 is exempt from 1 January 2025.
Sold property in 2025, acquired fewer than 5 years agoYes — PIT-39 required by 30 April 202619% Belki tax on net gain (proceeds minus documented acquisition costs). Exemptions may apply — see below.
Sold property in 2025, reinvested proceeds into another residential propertyPossibly exempt — ulga mieszkaniowa appliesResidential needs relief may eliminate or reduce the liability — specific conditions apply and must be documented
Sold property in 2025, property inherited or received as a giftDepends on acquisition date of original ownerThe 5-year clock runs from the original owner's acquisition date in inheritance cases — complex position requiring specialist advice
Non-resident — sold Polish property while living abroadYes — Polish-source income regardless of residencyPIT-39 required. Double taxation treaty may provide credit but does not eliminate the filing obligation.

The 5-Year Calculation — When the Clock Starts and Ends

The 5-year exemption period in Polish tax law runs from the end of the calendar year in which you acquired the property — not from the date of purchase. This is a specific and frequently misunderstood rule.

A property purchased on 15 March 2020 becomes exempt from 1 January 2026 — not from 15 March 2025. The calendar year of acquisition is 2020. Five years from the end of 2020 is 31 December 2025. The property is exempt from 1 January 2026.

A property purchased on 1 December 2021 becomes exempt from 1 January 2027. If you sold it in 2025, PIT-39 is required. If you sell it on or after 1 January 2027, it is exempt.

The Calculation Most Sellers Get Wrong

The most common error is calculating 5 years from the purchase date rather than from the end of the purchase year. A seller who bought in June 2020 and sold in August 2025 may assume they are outside the 5-year window — June 2020 to August 2025 is more than 5 years. They are not exempt. The 5-year period runs to 31 December 2025. A sale in August 2025 is within the window. PIT-39 is required.

Confirm your exact acquisition date and apply the end-of-calendar-year rule before concluding you are exempt.

Not certain whether your sale falls within the 5-year window?

Chapter 7 of the Personal Taxes and Legal Requirements Guide covers the 5-year exemption calculation with worked examples, the documented acquisition cost deductions available, and the residential needs relief conditions in full.

Personal Taxes and Legal Requirements Guide →

What the 19% Tax Is Actually Applied To

The 19% Belki tax is applied to the net gain — not the sale price. The net gain is calculated as sale proceeds minus documented acquisition costs. Documented acquisition costs include: the original purchase price paid (as stated in the notarial deed), notarial fees at purchase, agency fees at purchase, court and mortgage registration fees, and documented renovation and improvement costs supported by VAT invoices.

A property purchased for PLN 450,000 in 2022 and sold for PLN 520,000 in 2025 generates a net gain of PLN 70,000 — assuming no renovation costs. The PIT-39 liability is 19% of PLN 70,000 — PLN 13,300. Not 19% of PLN 520,000.

A property purchased for PLN 480,000 with PLN 45,000 in documented renovation costs, sold for PLN 520,000, generates a net gain of PLN -5,000 — a loss. No PIT-39 liability. But PIT-39 must still be filed to document the loss — which can be carried forward against future capital gains for up to 5 years.

The Residential Needs Relief — Ulga Mieszkaniowa

The residential needs relief (ulga mieszkaniowa) eliminates or reduces the PIT-39 liability if you reinvest the sale proceeds into another residential property for your own residential needs. The conditions are specific:

The reinvestment must occur within 3 years from the end of the tax year of the sale. A property sold in 2025 gives you until 31 December 2028 to complete the qualifying reinvestment. The reinvestment must be into: purchase of another residential property in Poland or the EU/EEA, construction of a residential building, renovation or adaptation of an existing property for residential purposes, or repayment of a mortgage on a property used for your own residential needs.

The relief is proportional — if you reinvest only part of the proceeds, only that proportion of the gain is exempt. If you reinvest all proceeds, the full gain is exempt. The relief applies to your own residential needs — not investment properties, not rental properties, not properties for family members.

Planning to claim ulga mieszkaniowa?

Chapter 7 of the Guide covers the exact conditions, the 3-year reinvestment window, qualifying property types, and how to document the relief correctly on the PIT-39 form.

Personal Taxes and Legal Requirements Guide →

How to File PIT-39 — The Process

PIT-39 is filed separately from your standard PIT-37 or PIT-36 employment return. It covers gains from real estate sales only. Log in to podatki.gov.pl using your Profil Zaufany. Select the PIT-39 form for tax year 2025. The form will not be pre-populated — you must enter all figures manually: sale proceeds, acquisition costs, net gain, and any relief claimed.

You will need: the notarial deed of sale (akt notarialny) confirming sale proceeds and date, the original purchase deed confirming acquisition price and date, all VAT invoices for renovation and improvement works, and documentation of any reinvestment if claiming ulga mieszkaniowa.

Deadline: 30 April 2026. The same deadline as all other PIT returns. There is no separate deadline or extension for PIT-39. If you owe tax, payment is also due by 30 April — not at a later date.

File Even If You Owe Nothing If your documented acquisition costs exceed your sale proceeds — a loss — you must still file PIT-39 to record the loss. A documented loss can be carried forward against capital gains in the same category for up to 5 years. Not filing because you owe nothing means the loss is not entered into the record and cannot be used against future gains. The filing cost is zero. The value of the carry-forward may be significant.

Inheritance and Gift — The Acquisition Date Question

If you sold a property in 2025 that you inherited or received as a gift, the 5-year clock runs from the original owner's acquisition date — not from the date you inherited or received it. A property your parent purchased in 2015 and left to you in 2023, sold by you in 2025, is exempt — because the original acquisition was more than 5 years before the sale.

This rule is frequently misunderstood in both directions. Some sellers assume inherited property is always exempt — it is not if the original acquisition was within the 5-year window. Others assume they are liable because they received the property recently — they may not be if the original acquisition was more than 5 years ago. Confirm the original acquisition date from the original notarial deed before concluding either way.

Common Errors When Filing PIT-39

Assuming the portal will prompt you to file PIT-39. It will not. The portal has no record of the sale. You must identify the obligation yourself and file manually. Not filing because the portal did not prompt you is not a defence.
Calculating the 5-year period from purchase date rather than end of purchase year. The clock runs from 31 December of the year of acquisition — not the actual purchase date. Confirm the correct calculation before concluding you are exempt.
Applying 19% to the full sale price rather than the net gain. The tax applies to proceeds minus documented acquisition costs. Most sellers significantly overestimate their liability by not deducting allowable costs.
Claiming ulga mieszkaniowa without confirming the property qualifies. The relief applies to your own residential use — not investment or rental properties. Claiming it incorrectly generates a retrospective liability plus interest from the original filing date.
Not filing because you made a loss. A loss must be documented on PIT-39 to be available for carry-forward against future capital gains. Not filing wastes a valuable tax asset.

The Personal Taxes and Legal Requirements Guide covers PIT-39 in Chapter 7 — the 5-year exemption calculation with worked examples, documented acquisition cost deductions, the ulga mieszkaniowa residential needs relief conditions, the inheritance and gift acquisition date rule, the loss carry-forward mechanism, and the PIT-39 form completion process step by step. If you sold property in Poland in 2025, this is the chapter you need before 30 April.

Available as part of the Kraków Core Collection (8 guides — PLN 600) or the Complete System (24 guides — PLN 1,300).