How to do Business Investors' Guide Poland - Polish Agency for ...

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goods and services in Poland. A Polish entity isrequired to register for VAT once its annualturnover on transactions subject to VAT exceedsPLN 50,000 (c.a. EUR 14,000). Foreign entrepreneursmust register for VAT in Poland beforethey start any VAT-able activity in Poland(except for limited, clearly specified cases). VATis imposed on every supply of goods and servicesat the base or reduced VAT rate, unlessthe transaction is exempt from Polish VAT.The standard rate of VAT is 22% and ischarged on most goods and services.A reduced VAT rate of 7% is imposed on theenumerated sale of products or supply of services,e.g.:• certain foodstuffs;• medicines and goods used in health care;• certain children’s goods;• repair of clothing and textile articles used inhouseholds;• repair of bicycles;• services performed by hairdressers and barbers.A reduced 0% VAT rate is levied on the intracommunitysupply of goods, exports ofgoods, as well as some international transportservices and the services related to internationaltransport.A reduced 0% VAT rate may be applied tothe sale of certain books and magazines andsome domestic supplies, e.g. equipment forselected ships and airplanes.Some financial and insurance services, culturalservices, research and development services,etc., are exempt from VAT, whichaccordingly prevents the taxpayer from recoveringinput VAT incurred in relation to suchservices.The tax due is calculated as the surplus ofoutput VAT charged on sales over recoverableinput VAT stated on purchase invoicesand other specified documents.• hotel and catering services;• construction and repair services related tohousing;• some transport services;• municipal services (e.g. water supply,sewage treatment, street maintenance, etc.);• fertilizers;.• repair of shoes and other leather articles;Transactions between VAT taxpayers must bedocumented with a VAT invoice. Sales to individualswho do not conduct business activitiesmust be registered by a fiscal cash register ifthe turnover with individuals exceeds a specificthreshold. This threshold generallyamounts to PLN 40,000 (c.a. EUR 11,000), butsales of several kinds of goods need to beregistered in a fiscal cash register regardlessof the value of sales during the year.Registered VAT taxpayers are required to submitmonthly VAT returns (or quarterly VATreturns in the case of those having the statusof “small taxpayers”) to the appropriate TaxOffice and keep registers of purchases andsales subject to VAT. In addition to monthlyVAT returns, EC Sales and Purchase Lists and50
Intrastat declarations must be submitted bythe taxpayer with respect to its intra-EUtransactions.Generally, VAT due must be paid by the 25thday of the month following the month (quarter)in which the VAT obligation arises.Although Polish VAT law is generally compliantwith the VAT Directive of the EU(2006/112/EC), it contains various country-specificprovisions and requirements, which arenot common in other local VAT regimes.These are usually very troublesome for foreignentrepreneurs. In consequence, VAT andIntrastat compliance is often a challenge andis being outsourced to firms experienced inPolish VAT settlements. Deloitte offers suchassistance.Based on certain rules defined in a decree ofthe Ministry of Finance, foreign business entitiesnot registered for VAT in Poland mayapply for a refund of input VAT incurred onpurchases in Poland on a reciprocal basis.2.2.5. Excise dutyBased on the Excise Duty Act, goods on whichexcise duty is imposed can be divided intotwo groups:Harmonised excise duty goods, i.e.:• engine fuel and its components;• alcohol and beverages;• tobacco products.Non-harmonised excise duty goods, i.e.:• cars;• perfumes and cosmetics;• electricity.• intra-community supply and intra-communityacquisition.Harmonised excise duty goods are subject toexcise duty that is covered by special ruleswhich are stipulated in Polish legislation onthe basis of EU Directives. In particular, theymay only be stored in bonded warehousesand excise duty is due when they are movedout of the bonded warehouse (unless theyare moved under the excise duty suspensionprocedure).Excise duty is calculated either as a percentageof the value of goods produced (or thecustoms value of the commodities) or on avolume basis (fixed rate per unit).The Minister of Finance may amend theexcise rates within given limits during theyear. The law also provides for certainexemptions that may be made in relation tocertain goods, based, for instance, on theiruse or in the event of exporting excise goods.2.2.6. Tax on income derived from capital(natural persons)As a rule, capital gains derived in Poland aresubject to a 19% tax. The same rules apply tocapital gains realised outside Poland.There is no requirement to pay tax advanceson capital gains derived from the sale ofshares. With some exceptions, income derivedfrom the sale of shares is subject to a 19% taxat the time that the individual files a separateannual tax return disclosing the capital gainsrealised during the given tax year.As a rule, dividends, interest, as well as othertypes of capital gains are subject to a 19%flat rate tax.Excise duty is levied on the:• production of harmonised excise goods;• movement of harmonised excise goodsfrom a bonded warehouse;• sale of excise goods in Poland;• exports and imports of excise goods;How to do Business. Investors’ Guide - Poland Establishing and doing business in Poland 51
Page 1: How to doBusinessInvestors’ Guide
Page 5 and 6: Table of ContentsHow to do Business
Page 7 and 8: How to do Business
Page 9 and 10: STEP 6Opening an account at a Polis
Page 11 and 12: 1.2. Corporate entitiesForeign entr
Page 13 and 14: the event of the intentional or neg
Page 15 and 16: sions of the Statute, unless he is
Page 17 and 18: 1.2.10. Representative officeForeig
Page 19 and 20: plants and harvestable materials.Im
Page 21 and 22: The documents required from a joint
Page 23 and 24: foreigner is citizen or company fro
Page 25 and 26: • the land has access to a public
Page 27 and 28: 1.9. Employment of workers1.9.1. La
Page 29 and 30: A contract of employment should be
Page 31 and 32: 1.9.1.4. Work timeIn general, worki
Page 33 and 34: from the date of submitting the req
Page 35 and 36: A temporary residence permit can be
Page 37 and 38: contributions between the first and
Page 39 and 40: work / provide their services in Po
Page 41 and 42: entity is responsible for the accou
Page 43 and 44: • the Minister of Finance - is re
Page 45 and 46: educed under the applicable DoubleT
Page 47 and 48: case of mergers only the tax losses
Page 49: Polish law defines three kinds of A
Page 53 and 54: • expenses incurred by an individ
Page 55 and 56: Furthermore, subject to the transfe
Page 57 and 58: 2.4. Polish trade regulationsOne of
Page 59 and 60: The modification of this scheme is
Page 61 and 62: transactions with them have fewer r
Page 63 and 64: • musical and textual, as well as
Page 65 and 66: Patents are not granted for:• dis
Page 67 and 68: (which may be rebutted) that an ent
Page 69 and 70: y Member States which is incompatib
Page 71 and 72: Judgments of the courts of third co
Page 73 and 74: ceedings documentation in Polish, i
Page 75 and 76: • the amendment envisages the los
Page 77 and 78: The allowances held by the entity r
Page 79 and 80: State aid intensity levels by regio
Page 81 and 82: In case of investments falling unde
Page 83 and 84: 6. Exemptions from local taxesParti
Page 85 and 86: In Poland
Page 87 and 88: ut is prone to unpredictable temper
Page 89 and 90: 1.3. Political systemThe Republic o
Page 91 and 92: • Ministry of Culture and Nationa
Page 93 and 94: 2.1.3. RailwaysThe railway network
Page 95 and 96: Bitstream Access (BSA), Wholesale L
Page 97 and 98: • Aster, established by a cable t
Page 99 and 100: 3.3. Other depositsPoland also has
Page 101 and 102:
Poland is famous for aviation produ
Page 103 and 104:
7.1. The National Bank of PolandThe
Page 105 and 106:
The Warsaw Stock Exchange’s Super
Page 107 and 108:
9. Education9.1. The education syst
Page 109 and 110:
versity higher vocational school (w
Page 111 and 112:
Roughly 40 foreign investors have l
Page 113 and 114:
10.2. UnemploymentAccording to offi
Page 115 and 116:
GDP growth in 1990-2007 (%)1052.63.
Page 117 and 118:
11.3. Foreign tradeAccording to the
Page 119 and 120:
11.4.1. Labour costsSince 2001, sal
Page 121 and 122:
Defined for annual consumption of 4
Page 123 and 124:
in 2004-2006, while payments could
Page 125 and 126:
82% of this sum goes towards the“
Page 127 and 128:
State to work in another Member Sta
Page 129 and 130:
of the transition period (2004). Th
Page 131 and 132:
support in improving governance and
Page 133 and 134:
of investors. Databases of foreign
Page 135 and 136:
Secretariat:tel. +48 42 663 30 57ht
Page 137 and 138:
Warmiƒsko-Mazurskie VoivodeshipWar
Page 139 and 140:
Investor name Country Country Activ
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
International Preschoolul. Zawrat 1
Page 147 and 148:
About Wardynski & PartnersWardyƒsk
Page 150:
The Polish Information and Foreign
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