The subject of perpetual usufruct may be land properties owned by the State Treasury and local government units. The perpetual usufructuary may trade in the right of perpetual usufruct, but the scope of his rights to land is more limited than in the case of ownership (in particular, perpetual usufruct is established for a definite period of time). As a rule, the establishment of perpetual usufruct is subject to VAT as an activity equal to the supply of land. Nevertheless, perpetual usufruct established before Poland’s accession to the European Union, i.e. before May 1, 2004, is not subject to VAT (as a result, perpetual usufruct fees charged after that date are not subject to VAT).
Source: martinitax.pl
