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Tuesday, February 11, 2025

Fence tax, fees for hanging election posters? We explain

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At a meeting with voters in Tychy, Karol Nawrocki commented on the alleged new “fence tax”, suggesting that he would probably also “have to pay” for his election banners. It was misleading.

On January 23, the Law and Justice candidate in the presidential elections, Karol Nawrocki, met with voters in Tychy. After his speech, those gathered in the hall started asking questions. One of the questions related to the role of young people in the campaign. They were asked by a man who had informed a moment earlier that he had joined Nawrocki's staff that same week. “How do you want to encourage young people to join this staff?” he asked. Then he talked about how he signed up online: “One click, right. No problem. There was a question how I would respond. Or putting up billboards? Absolutely. I want to put a billboard on the entire fence,' he said. And then he said: “Recently I heard news that Minister DomaÅ„ski apparently wants to introduce a tax on fences. Therefore, just as I am hanging this banner, I have to hurry to hang this banner as soon as possible, Mr. Karol. To support you.”

Nawrocki did not deny that the information about the new tax is false. Moreover, he said: “As for the tax on fences, it will probably be the case that if you hang Nawrocki's banner, you will have to pay, and if you hang Trzaskowski's, you will be exempt from tax.“It was said as a joke, but one could get the impression that there would actually be a new tax and, in addition, some new fees for election banners.

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The man's words from the meeting with the candidate concerned a topic that had become loud among politicians and Internet users a few days earlier. This is about the alleged new tax on fences, which was supposed to be introduced by the ruling coalition. However, this tax is not new at all, but manipulations about him have already been verified.

However, although the matter has been clarified and even a statement from the Ministry of Finance has been published, Karol Nawrocki did not deny the man's words, thereby misleading those present in the room. Then the candidate linked this issue with alleged fees for electioneering in the form of hanging banners on his fences. The entire statement may have sounded like a joke, but it could still be disinformation for voters present at the meeting.

TVN24 portal he already explainedwhat is this about the alleged new tax on fences, which has nothing to do with the topic of hanging election billboards on fences, and we explain whether there are any mandatory fees for this type of electioneering.

A new fence tax? “The legal status has not changed”

A few days ago, reports began to appear in the public space that the Ministry of Finance was to introduce a new tax burden in the form of fees for fences. This alleged change was reported by, among others, Law and Justice MEP Waldemar Buda. “You won't hear anything better today. @donaldtusk and @trzaskowski_ introduced a fence tax! #aToDopieroYear” – he wrote On January 17, in a post on

Law and Justice MP Sebastian Kaleta also raised alarm about the case. “Attention, attention! Grab your wallets, grab your pockets. Tusk's team has introduced a new tax,” the politician says in the recording published on X January 18. And he continued: “It's really absurd when you hear about it. Well, they will tax your fences. You haven't heard wrong. There is a tax on fences. It will be paid by entrepreneurs, i.e. if you have a registered business on your property, calculate how much you paid for the fence, because on the value “You have to pay two percent of the tax on the cost of this fence. So, for example, if you paid PLN 30,000 for the fence, prepare PLN 600 for Tusk's team.” “I wonder what they will tax next. Maybe sidewalks? What do you think about it?” – the MP ironizes.

However, no new tax comes into force. Reports that the current government has introduced a new tax on fences are false. The Ministry of Finance responded to them. WITH statements Ministry, we learn that until the end of 2024, the fence was considered a structure within the meaning of the Act of January 12, 1991 on local taxes and fees and was subject to real estate tax on its initial value. However, the condition was that the fence should be used in connection with business activity. It entered into force on January 1, 2025 amendment to this actwhereas the rules regarding taxation of fences have not changed.

“Buildings related to activities other than business activities, e.g. forestry activities, including those conducted by the State Forests State Forests, were not subject to real estate tax, both in the legal status in force until the end of 2024 and currently” – explained the Ministry of Finance .

Fences of residential buildings are not subject to taxation because they are excluded from the category of facilities related to running a business. Importantly, the occupation of part of a residential building for business purposes does not deprive the building of its residential character. “The legal status has not changed in this respect either,” adds the Ministry of Finance.

Despite the statement of the Ministry of Finance, answers Government Information Center on the entry of MEP Buda, as well as many explanations that appeared in the media, Karol Nawrocki did not deny the false claims of the voter at his meeting. Instead, he turned it into a joke, thus linking false reports about fences and fences with the issue of placing election posters on them. So let's see how the law regulates this issue.

Only the owner's consent is required

The rules governing campaigning and financing election agitation are regulated Electoral Code. According to its provisions, electioneering is “publicly persuading or encouraging people to vote in a specific way, in particular to vote for the candidate of a specific election committee.” It can be run by any committee and any voter.

Chapter 12 of this Act contains general provisions regarding conducting an election campaign. Pursuant to Art. 110. par. 1st:

Posters and election slogans may be placed on the walls of buildings, public transport stops, notice boards and columns, fences, lampposts, energy, telecommunications and other devices only after obtaining the consent of the owner or manager of the property, facility or device.

The only condition for displaying an election poster (banner) is to obtain the consent of the owner or manager of the property.

Displaying an election poster by an individual is one of several permissible “non-monetary benefits” that the election committee may accept. This is what Art. 132 pairs 5 of the Electoral Code:

Electoral committees are prohibited from accepting non-monetary benefits, except for: 1) free distribution of election posters and leaflets by natural persons; 2) assistance in office work provided by natural persons; 3) use of objects and devices, including motor vehicles, provided free of charge by natural persons; 4) free provision of places for displaying election materials by natural persons who do not run a business in the field of advertising.

We also contacted the former chairman of the National Electoral Commission, judge Wojciech Hermeliński. He confirmed to us that the Electoral Code does not contain any provisions on any obligation to pay fees when private individuals provide space for election posters. Of course, a person who decides to make such information available may expect a fee from the election committee, but he or she can also do it free of charge, which is a common practice.

It is also important that a fine is imposed for displaying an election poster without the consent of the owner or property manager. This is what Art. 495 of the Electoral Code:

Who, in connection with elections: 1) places election posters and slogans on the walls of buildings, public transport stops, notice boards and poles, fences, lampposts, energy, telecommunications and other devices without the consent of the owner or manager of the real estate, facility or device, 2) when setting up his own advertising devices for the purpose of conducting an election campaign, he violates applicable order regulations, 3) places election posters and slogans in such a way that they cannot be removed without causing damage, – is punishable by a fine.

Before the elections, the National Electoral Commission issues explanations regarding the principles of financing and conducting electioneering. Such document for the upcoming presidential elections and March by-elections to the Senate in constituency no. 33 (Kraków) is now available on the National Electoral Commission website. It does not contain any information about the obligation to pay fees for voluntary electioneering related to the provision of space on fences.

Main photo source: Adobe Stock, TVN24



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