News

01

Administrative and legal activities related to construction projects are not a single composite supply for VAT purposes – important ruling of the Polish Supreme Administrative Court

The Polish Supreme Administrative Court confirmed that administrative and legal activities related to construction projects should be treated separately from construction works for VAT purposes. The judgment may significantly affect the construction and infrastructure sectors, especially projects involving real estate legal arrangements and administrative permits.

In its judgment of 19 May 2026 (case no. I FSK 1794/23), the Polish Supreme Administrative Court (NSA) addressed the VAT treatment of services performed in connection with infrastructure investments.

The case concerned a company carrying out the construction of high-voltage transmission lines. As part of the project, the company performed both construction works and a number of administrative and legal activities necessary to complete the investment, including:

  • acquiring rights to real estate,
  • obtaining administrative decisions and permits,
  • negotiating transmission easements,
  • determining compensation payments.

The taxpayer argued that all activities constituted a single composite supply, with construction works being the dominant element.

However, the NSA disagreed with this approach.

NSA position – separate VAT treatment of services

According to the Court, administrative and legal activities do not form a single composite supply together with construction works for VAT purposes. The assessment should be made from the perspective of an average customer, and combining these services into one supply would be artificial.

As a result, VAT consequences should be determined separately for each type of service.

Importance of the ruling for the construction and infrastructure sectors

The judgment may have significant practical implications for companies carrying out construction and infrastructure projects, especially where the investment process requires:

  • extensive administrative activities,
  • regulation of the legal status of real estate,
  • establishment of easements,
  • negotiations with landowners.

The ruling may affect both VAT settlement methods and the structuring of contracts and remuneration models in construction and infrastructure projects.

If you need support regarding VAT treatment of construction services or the analysis of composite supplies, feel free to contact the Thedy & Partners team.

Contact

02

Headquarter
in Warsaw:

ul. Moniuszki 1A
00-014 Warszawa
+48 (22) 629 09 17
biuro@thedy.pl

Designate a route

Branch office
in Katowice:

ul. Dworcowa 4 (Old Railway Station)
40-012 Katowice
+48 508 018 322
biuro@thedy.pl

Designate a route

Branch office
in Poznań:

ul. Królowej Jadwigi 43 (Business Link Maraton)
61-871 Poznań
+48 537 555 135
biuro@thedy.pl

Designate a route

Branch office
in Wrocław:

ul. Szczytnicka 11 (Green2Day)
50-382 Wrocław
+48 606 443 050
biuro@thedy.pl

Designate a route

Thedy & Partners sp. z o.o.
Tax advisory services
KRS: 570600
NIP: 113-289-37-45
REGON: 362235613
Capital: 150.000 PLN

T&P ADVISORY Sp. z o.o.
Stanisława Moniuszki 1A
00-014 Warszawa, Polska
NIP 5253065920

T&P Finance sp. z o.o.
KRS: 957685
NIP: 522-322-04-16
REGON: 521400905
Capital: 6.000 PLN
 

T&P ACCOUNTING P.S.A.
Stanisława Moniuszki 1A,
00-014 Warszawa
NIP: 5253101248