Advice to renewable
energy sector stakeholders

The development of distributed energy and new technologies brings challenges to the energy market, including regulatory changes relating to property taxes, CIT/PIT, VAT, excise duties and transfer pricing. Our experts provide comprehensive tax and legal support to renewable energy companies. We work in partnership with an international law firm.

Our advisory services are aimed at investors, renewable energy producers, energy companies and private equity funds seeking opportunities in the Polish renewable energy market.

We provide practical and tailored legal and tax solutions, allowing our clients to focus on their business objectives.

Why Poland?

Poland’s target for electricity production by 2040:

approx.

from zero-emission sources (renewables and nuclear power)

from renewable energy

Almost

from nuclear power

By 2030, the solar (photovoltaic) and onshore wind power sectors are expected to grow by more than 150% compared to 2022.

Renewable energy must take the place previously occupied by coal-fired power, which has high emissions and is increasingly unprofitable.

 

mapa pl

Wind energy in Poland

The Polish wind market is growing rapidly. Forecasts reveal this trend will continue in the coming years. The year 2023 brings positive news for wind Energy following the relaxed 10H law and progressive work on wind farms in the Baltic Sea. Despite the optimism, there are still many challenges.

Energy transition of the European Union, including Poland, is a race against time and other markets. The climate ministry’s proposal for an update to PEP2040 calls for a fourfold increase in capacity from RES: from 68% of installed capacity in the National Electricity System and more than 50% of the share of electricity production. Such an ambitious decarbonization target paves the way for significant changes in Poland’s energy mix.

wind farm

Photovoltaics in Poland

Poland has strengthened its position in the energy market. Last year, it added nearly 4.8 GW of new capacity which places it second in the European Union, after Germany, in terms of market size.

By the end of 2025, Poland is expected to reach a capacity of 26.8 GW in the power system through photovoltaic installations. This will put Poland in the top three EU countries in terms of total installed capacity and place Poland as the fourth country in Europe in terms of electricity production from solar panels.

solar

How can we help?

When introducing an investor in the RES industry to Poland, we help with all formalities involved in choosing legal and tax form, company registration, obtaining the necessary documents and the relevant permits, determining the optimal structure of projects.

We also support clients at the operational stage of their business: showing practical solutions to tax and legal problems tailored to their business. Our offer also covers comprehensive accounting.

We assist in the sale and acquisition of new assets and project companies: by advising on the structuring of transactions and due diligence in connection with acquisitions.
CIT
Piotr Paśko new
Piotr Paśko

Partner | Tax Adviser
E: Piotr.Pasko@mddp.pl
T: +48 602 197 893

  • Choosing the optimal legal form – comprehensive support in selecting the optimal legal form of a RES enterprise to reflect investor’s features. We help clients build the right structure (e.g. in connection with the entry of an investor into Poland, or the establishment of a joint-venture as to new investments), which will secure effective financing structure, safe exits – and, finally, efficient distribution of funds.
  • Transaction advisory in RES – support in the implementation of investments and transactions related to renewable energy sources, also providing advice for obtaining financing, risk analysis and business strategies. We advise on transactions involving projects themselves as well as companies implementing them and entire portfolios – both on the sell and buy side.
Transfer Pricing
Adrian Mroziewski
Adrian Mroziewski

Partner
E: Adrian.Mroziewski@mddp.pl
T: +48 505 294 041

  • Comprehensive TP consulting in the area of determining the settlement structure of RES projects within capital groups – tax advisory including the determination of arm’s length remuneration for financing transactions, implementation and maintenance of RES projects, providing optimal security in terms of intra-group settlements.
  • Implementation TP reporting obligations (TP Compliance) – we draft any and all transfer pricing documents required by law.
Tax reliefs
Bartosz Glowacki
Bartosz Głowacki

Partner | Tax Adviser
E: bartosz.glowacki@mddp.pl
T: +48 603 980 382

  • Tax reliefs (R&D relief, relief for innovative employees, activity in the Polish Investment Zone, relief for CSR) – we analyze options for applying reliefs in income taxes, help implement reliefs in the company and assist in their settlement
Real estate tax and cost segregation
Rafal Kran 1
Rafał Kran

Partner | Tax Adviser
E: Rafal.Kran@mddp.pl
T: +48 693 290 919

  • Cost Segregation – we provide services to account for CapEx of RES investments on fixed assets (tax and balance sheet depreciation) and for determining the optimal real estate tax base
  • Tax proceedings – we handle taxpayers’ disputes and overpayment cases with municipal authorities regarding real estate tax settlements (e.g. regarding the correct tax rate or tax base)
VAT
Janina Fornalik
Janina Fornalik

Partner | Tax Adviser
E: Janina.Fornalik@mddp.pl
T: +48 660 440 141

  • Ongoing consulting – comprehensive VAT consulting at every stage of the renewable energy production business, including the acquisition and sale of assets and companies.
  • Transaction advisory in the RES industry – assisting investors in transactions like the sale or purchase of real estate, shares in companies or service contracts.
  • Advising on the settlement of contracts – investment (TSA, PMSA, turnkey contract) and electricity sales (PPA and vPPA).
  • Assistance in obtaining VAT refunds for SPVs.
  • Advice on structuring transactions within a group of companies for VAT purposes – e.g. using the option to opt for taxation of financial services, forming a VAT group.
  • Implementing the National Electronic System (KSEF) – we help clients implement KSEF to support easier and more efficient operations and ensure compliance with government requirements.
Excise duty
Agnieszka Kisielewska
Agnieszka Kisielewska

Partner | Tax Adviser
E: agnieszka.kisielewska@mddp.pl
T: +48 600 097 363

  • Ongoing excise consulting – at the pre-operational and operational stages within the RES business.
  • Excise duty obligations – assistance in determining excise duties related to the production and consumption and/or sale of electricity produced from RES by businesses, individuals and local government units.
  • Excise duty exemptions – we confirm the applicability of excise exemptions within the RES business and assist in their implementation.
  • CRPA registration – support in registration in the Central Register of Excise Entities (CRPA), e.g. in connection with the implementation of obligations related to the production of energy from renewable sources.
  • Keeping excise duty records – support in implementing excise duty records, including within the framework of the Central Excise Product Register (CEWA).
Corporate law
  • Selecting the optimal legal form – comprehensive support in choosing the optimal legal form for an RES enterprise, tailored to the individual characteristics of an investor.
  • Company registration – we prepare all corporate documents necessary to start a business in Poland and we represent our clients before the relevant registries.

#MORE on Osborne Clarke website: link
Green energy funding
  • Handling financing transactions – our team of lawyers specialized in banking and energy comprehensively supports clients during the process of obtaining external financing. As the project advances, we supervise the fulfillment of conditions precedent and consequential conditions of the RES investment financing contracts.

#MORE on Osborne Clarke website: link
Energy sector
  • RSE transaction advisory – we support clients in renewable energy investments and transactions, offering financial advice, risk and business strategy analysis.
  • Comprehensive due diligence for RES projects – we assist in the process of verifying project documentation for photovoltaic power plants, wind power plants, biogas plants and electricity storage facilities.
  • Energy contract advice (PPA, CPPA, VPPA) – we provide comprehensive support to green energy generators and consumers, also in the field of guarantees of origin.
  • Advice on generating green energy for own use – we support energy consumers in the construction of generation sources and effective management of electricity.
  • Energy efficiency improvement consulting – we help identify areas to introduce pro-efficiency solutions and develop energy strategies for enterprises.

#MORE on Osborne Clarke website: link
Labor law
  • Hiring employees or associates in Poland – we assist in drafting various types of contracts. We also provide the necessary documentation related to employment and assist in fulfilling the employer’s obligations.
  • Hiring foreigners in Poland – we advise on the process of posting employees: from Poland to other countries and from abroad to Poland. We assist in legalization of work and stay of foreigners.
  • Incentive schemes, bonus and benefit systems – we support developing incentive schemes and fringe benefit plans that contribute to greater employee loyalty and satisfaction. We prepare internal regulations for bonus and benefit systems.
  • We support the creation of organizations free from irregularities – we help create workplaces free from discrimination and mobbing.

#MORE on Osborne Clarke website: link
CIT and VAT
  • Certificates of origin – we guarantee our clients receive accounting services tailored to the specifics of taxation as we are perfectly familiar with the regulations in this area and their specific nature.
  • VAT refunds – we help our clients with VAT refunds, especially with increased capital expenditures at the beginning of the business.
Warehouse accounting services
  • Inventory records – we provide comprehensive maintenance of inventory records and determination of the correct value of current assets related to inventory management for RES businesses.
Cost optimization
  • Cost accounting – regardless of the investment stage, we propose to our clients to recognize costs in such a way so that later it is easier to go through the process of acceptance of fixed assets and settlement of the external financing itself, or group financing. 
Bookkeeping records
  • Bookkeeping records – we support clients in bookkeeping by offering a comprehensive full accounting service. Our team keeps clear accounting records and proper documentation of transactions considering the specifics of the industry. We understand the legal regulations in the area of RES involve certain specificities regarding the recognition of accounting transactions related to certificates of origin of electricity. Polish accounting and tax regulations do not feature specific solutions relating to certificates of origin as a specific element of the activities of energy companies. Instead, knowledge of tax topics should come from the case-law that has been formed over time in this matter.  
Proceedings related to property tax and property rights trading
  • Recording of property rights – we provide comprehensive bookkeeping, considering issues related to the correct recording of property rights arising from certificates of origin of electricity. Our team knows how to correctly recognize property rights arising from certificates of origin of electricity from the side of enterprises producing RES.
Energy law-based reporting
  • RES reporting – we prepare reports and ensure reporting for companies, and we also prepare consolidated financial statements. We also support our clients in compiling reporting templates. We have tools to prepare consolidated data quickly and accurately. In addition, our dedicated reporting team provides substantive support to our clients and adjusts systems and reports also to reflect changes in the capital group.
magdalena michniewicz senior manager.jpg
Magdalena Michniewicz

Partner
E: magdalena.michniewicz@mddp-outsourcing.pl
T: +48 502 413 975

michal stanioszczyk accounting manager.jpg
Michał Stanioszczyk

Accounting Director
E: michal.stanioszczyk@mddp-outsourcing.pl
T: +48 518 094 501

agnieszka tyczynska osinska senior accounting manager.jpg
Agnieszka Tyczyńska-Osińska

Senior Manager
E: agnieszka.tyczynska@mddp-outsourcing.pl
T: +48 504 120 116