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Buying an Apartment in Poland While Living in the USA – Power of Attorney, Financing, Taxes

Purchasing Polish real estate from the USA can be done through a power of attorney (PoA with apostille) or in person, with various financing options and tax implications to consider.

What It Means to Buy an Apartment in Poland from the USA

Many Polish emigrants consider buying an apartment in Poland for various reasons:

  • Vacation Property – second home for visits
  • Investment – long-term or short-term rental (Airbnb)
  • Retirement Plan – eventual return
  • For Parents / Grandparents
  • For Children – future studies in Poland
  • Portfolio Diversification

Each purpose has different implications (taxes, financing, management).

Polish Real Estate Market – Overview 2026

Trends 2020-2024

  • Apartment prices increased by 50-100% in major cities (Warsaw, Krakow, Wroclaw, Gdansk)
  • Smaller cities – increase of 30-50%
  • Rural areas – increase of 20-40%
  • Drivers: low interest rates (until 2022), inflation, war in Ukraine (demand from refugees), housing shortage

Prices in Major Cities (2026 Reference)

CityAverage Price per m² (PLN)Average Price of 50m² Apartment (PLN)
Warsaw Center15,000-25,000800,000-1,250,000
Warsaw Peripheries10,000-15,000500,000-750,000
Krakow Center14,000-20,000700,000-1,000,000
Wroclaw11,000-16,000550,000-800,000
Gdansk11,000-17,000550,000-850,000
Poznan10,000-14,000500,000-700,000
Lodz7,000-11,000350,000-550,000
Average City (50-150k residents)5,000-8,000250,000-400,000
Small Town / Village3,000-5,000150,000-250,000

(Prices in USD: divide PLN by 4 – ~$60-90k for an apartment in an average city, $200-300k in central Warsaw)

Ways to Buy from the USA

Option A: In Person in Poland

  • Visit Poland for showings + notarial deed
  • Minimum 1-2 visits (showings + deed)
  • Better due diligence (personal inspection)
  • Requires 1-2 weeks of vacation
  • Travel cost: $1,000-3,000 per visit

Option B: Through a Power of Attorney

  • No travel to Poland required
  • Agent (family, lawyer) acts on your behalf
  • Requires PoA with apostille (see Selling an Apartment guide)
  • Higher risk if you do not know the agent well

Option C: Mixed

  • Showings by the agent (video tours)
  • Personal signing of the notarial deed (one-day visit)
  • Balance of control + costs

Searching for an Apartment

Main Portals

  • Otodom.pl – largest market
  • OLX.pl – broad, multilingual
  • Domiporta.pl
  • Morizon.pl
  • Gratka.pl
  • Adresowo.pl – newer, premium listings

Real Estate Agents

  • Some agencies specialize in emigrants (Polonia investing)
  • Commission 2-3% (paid by seller or buyer depending on the agreement)
  • Check licensing
  • Can act as an agent for showings

Directly from Developers (New Apartments)

  • Often without agent commission
  • Warranty (2-5 years)
  • Possibility of "turnkey" finishing
  • Often lower taxes (8% VAT for apartments up to 150m² instead of 23%)
  • Waiting time (if buying during construction)

Due Diligence – What to Check

Apartment Documents

  • Land and Mortgage Register (KW) – check current owner, encumbrances (mortgage, easements)
  • Seller's Title Deed
  • Energy Certificate (mandatory since 2023)
  • Certificate from the cooperative if cooperative
  • Certificate of no debts from the tax office

Practical Checks

  • Technical condition of the building
  • Spatial development plan (planned changes in the area)
  • Noise, transport, infrastructure
  • Safety of the area
  • Service costs (rent, community fees)
  • Neighbors

Financing

Cash (Most Popular for Emigrants)

Most emigrants from the USA buy with cash:

  • No complications with Polish loans
  • Better price negotiation (cash offers preferred)
  • Faster transaction
  • Requires savings in USD
  • Transfer USD → PLN: $20-100 fee + FX spread 0.5-2%

Cash transfer methods:

  • SWIFT from US bank to Polish bank
  • Wise (formerly TransferWise) – often better FX rates
  • Western Union (less for large amounts)
  • Currency brokers (OFX, Currencies Direct, MoneyCorp) – better rates for > $50k

Polish Mortgage for US Residents

Very difficult – Polish banks are cautious with foreign income:

  • Require Polish income or very high downpayment (30-50%)
  • Some banks – completely reject USA residents
  • Higher interest rate (3-5% premium)
  • Documents: US tax returns translated, US bank statements, US W-2s
  • Polish documents also required (PESEL, passport)

Banks that consider US resident clients (check current):

  • PKO BP (selected branches)
  • mBank (some cases)
  • BNP Paribas Polska
  • Santander Polska

Polish Mortgage with Polish Income

If you have Polish income (e.g., Polish pension, rental income from Polish property), getting a loan is easier:

  • Standard bank requirements
  • Down payment typically 20% (sometimes 10%)
  • Interest rate similar to Polish residents

US-Based Mortgage (HELOC, Cash-Out Refi)

Some emigrants finance Polish purchases through US property:

  • HELOC (home equity line of credit) on US house
  • Cash-out refinance US mortgage
  • Money transferred to Poland as cash for purchase
  • US mortgage tax-deductible under certain conditions

Buying Costs

ItemPaid ByCost
PCC (Civil Law Transaction Tax)Buyer2% of value
Notarial DeedBuyer (negotiable)1-3% of value
Entry in the Land and Mortgage Register (KW)Buyer200-1,000 PLN
Agent Fee (if applicable)Buyer or seller2-3%
Polish Lawyer (if applicable)Buyer2,000-10,000 PLN
PoA with ApostilleBuyer$100-300
SWIFT Transfer FeeBuyer$40-100
FX SpreadBuyer0.5-2% of transferred amount
Opening Polish Bank AccountBuyer50-200 PLN
Total Typically4-7% of sale price

VAT vs PCC

  • New apartments from developers – VAT (8% for apartments up to 150m², 23% above) included in the price
  • Secondary apartments – PCC 2% paid separately

Often new apartments are cheaper "out the door" than secondary ones despite a higher price, because VAT is already included.

Notarial Deed – Key Transaction

What Happens During the Deed

  1. Seller + buyer (or their agents) at the notary
  2. Notary checks identity, documents, KW
  3. Reading of the deed aloud (formality)
  4. Signing of the deed
  5. Payment (if not earlier)
  6. Keys handed over (sometimes later, if there are delays)
  7. Notary will submit an application to register the new owner in the KW

Duration of Entry in the KW

  • Typically 1-4 weeks
  • After registration – you are the official owner
  • You receive the original notarial deed (valuable document)

After Purchase – Administrative Tasks

Registration (Residency Registration)

YOU are not required to register as an owner if you live in the USA. But you can:

  • Register for Polish purposes (voting, some benefits)
  • DOES NOT affect US residency/tax status

Fixed Fees

  • Administrative Rent (cooperative/community) – 500-2,000 PLN/month depending
  • Utilities – water, gas, electricity, internet (200-600 PLN/month even without an apartment)
  • Property Tax – relatively low in Poland (300-1,500 PLN/year for an apartment)

Internet / TV

Choose a local provider – UPC, Vectra, T-Mobile, Orange, Play, Netia.

Insurance

  • Property insurance – typically 300-1,500 PLN/year
  • Additionally, liability insurance for the apartment (if required by the bank)

Rental (if Investment)

Short-Term (Airbnb)

  • Higher income (1.5-3x long-term)
  • More work (cleaning, check-in, communication)
  • Requires management service or person in Poland (10-30% revenue)
  • Seasonality (summer, holidays)
  • Municipal regulations changing (Krakow, Warsaw, Gdansk limiting)

Long-Term

  • Stable income (typically annual contracts)
  • Less work
  • Management agent (8-12% revenue) or self-managed
  • Lower yield (4-7% net rental income)

Polish Rental Taxes

Two systems to choose from:

PIT-28 (lump sum on income)

  • 8.5% on income up to 100,000 PLN/year
  • 12.5% above 100,000 PLN/year
  • No possibility to deduct expenses
  • Most popular for smaller apartments

PIT-36 (progressive tax scale)

  • 12% up to 120,000 PLN income, 32% above
  • Can deduct expenses (depreciation, repairs, administrative rent)
  • Better for more expensive apartments with higher expenses

US Tax Implications

Form 8938

Polish real estate itself does not require reporting on 8938 (8938 is for foreign financial accounts, not real estate). However, rental income does.

FBAR

Polish bank accounts (where rental income is held) require FBAR if total > $10k.

Form 1116 (Foreign Tax Credit)

Polish PIT-28/36 paid → US foreign tax credit. Avoids double taxation.

Rental Income on Schedule E

  • Report Polish rental income on US 1040 Schedule E
  • Can deduct expenses (mortgage interest, depreciation, repairs, etc.)
  • Depreciation 27.5 years for residential rental
  • Net loss can be deducted from other income (with limitations)

Polish-US Tax Treaty

Polish income (rental) taxed in Poland. The US requires reporting but gives credit for Polish taxes. Net effect: you do not pay double 19% + 22% = 41%, but max ~25-30% combined.

Special Situations

Buying for Parents / Grandparents

Options:

  • Buy in your name, gift to parents (gift tax may apply)
  • Buy directly in the name of parents (if they have Polish documents)
  • Buy as co-owner

Buying with Partner/Spouse

Joint ownership in Polish law – both names on the notarial deed.

New Apartment from Developer

Advantages:

  • New, warranty
  • VAT included (8% for apartments up to 150m²)
  • "Turnkey" options
  • Modern infrastructure

Disadvantages:

  • Waiting time (1-3 years if under construction)
  • Risk of non-completion (small developers)
  • Premium price

Secondary Apartment

Advantages:

  • Move-in ready
  • Established location
  • Lower price per m²

Disadvantages:

  • PCC 2% extra
  • Possible renovations
  • Hidden problems

Practical Tips

  • Cash purchases are the most popular for US emigrants
  • Wise or OFX – better FX rates than banks
  • Power of Attorney with Apostille – a common path
  • Showings via video – can check remotely
  • Local property manager – key for rental
  • Polish lawyer for due diligence – $500-2,000 well spent
  • 5% PCC + notarial + agent – build into the budget
  • Rental taxed in Poland – PIT-28 or PIT-36
  • US Form 1116 credit – avoid double taxation
  • Investment apartments in Warsaw – very expensive but stable returns
  • Smaller cities – better yields, less liquid
  • Developer vs secondary – develop tax benefits
  • Consult a cross-border tax accountant – crucial
  • Check housing relief with PIT-39 if you sold another property recently

Official sources

Related topics:

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