The development of distributed energy, the transformation of the energy sector and the rapid growth of new technologies: energy market participants are facing new challenges. Regulations are changing to follow the trends and this poses several challenges for investors in the RES industry, especially in the areas of accounting for property tax, CIT/PIT, VAT, excise tax and transfer pricing.
Our experts working with green energy sector businesses provide a full range of specialized tax and legal services (in cooperation with an international law firm). We offer comprehensive support to entities operating in the RES industry: at every stage of their activities and project development.
Our consulting in the field of renewable energy is addressed to businesses seeking to take advantage of the opportunities currently available on the RES market in Poland. Those interested in comprehensive services for RES business involve investors, individual renewable energy producers, energy companies, developers or private equity funds.
With our support, RES investors can focus on achieving their business goals while our advisors work out practical and customized legal and tax solutions.
The development of distributed energy, the transformation of the energy sector and the rapid growth of new technologies: energy market participants are facing new challenges. Regulations are changing to follow the trends and this poses several challenges for investors in the RES industry, especially in the areas of accounting for property tax, CIT/PIT, VAT, excise tax and transfer pricing.
Our experts working with green energy sector businesses provide a full range of specialized tax and legal services (in cooperation with an international law firm). We offer comprehensive support to entities operating in the RES industry: at every stage of their activities and project development.
Our consulting in the field of renewable energy is addressed to businesses seeking to take advantage of the opportunities currently available on the RES market in Poland. Those interested in comprehensive services for RES business involve investors, individual renewable energy producers, energy companies, developers or private equity funds.
With our support, RES investors can focus on achieving their business goals while our advisors work out practical and customized legal and tax solutions.
Why Poland?
Poland’s target for electricity production by 2040: |
from zero-emission sources (renewables and nuclear power)
from renewable energy
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.
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.
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.
How can we help?
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.
Adrian Mroziewski
Senior Manager
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.
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
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.
Rafał Kran
Senior Manager | 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)
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).
Tomasz Olkiewicz
Partner E: tomasz.olkiewicz@osborneclarke.com T: +48 501 730 148
- 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.
Michał Markowski
Partner E: michal.markowski@osborneclarke.com T: +48 798 362 425
- 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.
Tomasz Olkiewicz
Partner E: tomasz.olkiewicz@osborneclarke.com T: +48 501 730 148
- 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.
Anna Golenia-Wójcik
Senior Associate E: anna.golenia@osborneclarke.com T: +48 504 399 787
- 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.
- 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.
- 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 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 – 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.
- 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.
- 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
Partner E: magdalena.michniewicz@mddp-outsourcing.pl T: +48 502 413 975
Michał Stanioszczyk
Accounting Director E: michal.stanioszczyk@mddp-outsourcing.pl T: +48 518 094 501
Agnieszka Tyczyńska-Osińska
Senior Manager E: agnieszka.tyczynska@mddp-outsourcing.pl T: +48 504 120 116