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Polish Cinema today - Polski Instytut Sztuki Filmowej

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<strong>Polish</strong> law<br />

FILM PRODUCTION GUIDE POLAND 2010<br />

2<br />

Funding limits<br />

The maximum percentage of funding available<br />

in relation to the overall budget is generally 50% of the total<br />

budget, when funding comes from the <strong>Polish</strong> Film Institute.<br />

Eurimages can fund up to 17% of the total production cost<br />

(a maximum of € 700 000).<br />

The <strong>Polish</strong> Film Institute processes additional project<br />

funding applications within the framework of the relevant<br />

operational programme four times per year. On average,<br />

the assessment procedure lasts about three months, but<br />

the entire period between application approval and signing<br />

of the contract may exceed six months. In relation to<br />

applications, foreign producers are required to appear at<br />

meetings in Poland.<br />

Fees and taxes<br />

Certain fees are levied on foreign producers<br />

undertaking film production in Poland, regardless of the form<br />

of cooperation with <strong>Polish</strong> business partners. The most<br />

important of these are as follows:<br />

› advance on personal income tax (initial charges made upon<br />

payment of wages);<br />

› VAT on invoices from goods and service providers;<br />

› social security contributions on employment contracts<br />

and mandate contracts;<br />

› advance on corporate income tax (if any)<br />

Other occasional fees and taxes include legal fees (e.g.<br />

when signing certain lease contracts; notary charges; court<br />

registry fees), bank fees (bank transfers, loan servicing etc.),<br />

real estate taxes, local costs (e.g. permits for aerial<br />

photography or entry to national parks), and others.<br />

work Permits<br />

Citizens of EU and EEA member states do not require<br />

work permits. Unless otherwise stated in international<br />

agreements, production crew members from other countries<br />

must obtain a work permit from the regional “voivod”<br />

(<strong>Polish</strong>: Wojewoda) authorities.<br />

Certain professionals – including musicians and actors<br />

– are allowed to work in Poland without any additional<br />

permits (up to 30 days).<br />

Filming Permits<br />

In general, it is possible to film in any location.<br />

The most common solution is to sign fixed term lease<br />

agreements with clearly stated conditions of use. Unless<br />

specified in a fixed tariff, rent is negotiable.<br />

Permission often has to be obtained from property<br />

owners or local authorities before filming can commence<br />

(and they have the right to refuse). It is highly recommended<br />

to apply for any permits well in advance, as certain<br />

procedures need to be finalized 30 days prior to shooting.<br />

Official procedures may be time-consuming, for<br />

instance for permission to film in the street. When applying,<br />

the producer must attach a plan for traffic reorganization<br />

and cordoning off of the area.<br />

When planning to shoot in decrepit buildings or<br />

in ruins, a positive safety report must be commissioned for<br />

persons accessing the area in order to obtain a permit to film.<br />

health insurance<br />

All EU and EEA citizens are covered by public health<br />

insurance in Poland.<br />

Film Production insurance<br />

Completion bonds are generally uncommon in Poland.<br />

During production, the film crew and equipment must be<br />

covered by third party and accident insurance, for which<br />

most insurance companies in Poland offer a wide selection<br />

of services.<br />

state aid<br />

The State can provide entrepreneurs with public aid<br />

only on terms and in forms clearly stated in separate<br />

provisions. Public aid must be granted in particular with<br />

respect to the rules of fair competition and equal rights.<br />

Text prepared in cooperation with the Salans law firm, winner of the Central and Eastern<br />

Europe Award for Excellence 2009 by Chambers and Partners.

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