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Poland 2009

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FILM PRODUCTION GUIDE POLAND <strong>2009</strong><br />

0<br />

The Polish Film Institute processes additional project<br />

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

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

assessment procedure lasts about three months; however,<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 <strong>Poland</strong>.<br />

Fees and Taxes<br />

Certain fees are levied on foreign producers<br />

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

of cooperation with Polish 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 and<br />

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 (where applicable), local costs (e.g. permits<br />

for aerial photography or entry to national parks), and<br />

others.<br />

Work Permits<br />

No work permit is required from EU or EEA citizens.<br />

Unless otherwise stated in international agreements,<br />

production crew members from other countries must obtain<br />

a work permit from the regional “voivod” (Polish: Wojewoda)<br />

authorities.<br />

Certain professionals, including musicians and ators,<br />

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

for up to 30 days.<br />

Filming Permits<br />

Generally, it is possible to film in any location. The most<br />

common solution is to sign fixed term lease agreements with<br />

clearly stated conditions of use. Unless specified in a fixed<br />

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 and<br />

cordoning off of the area.<br />

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

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

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

film.<br />

Health Insurance<br />

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

insurance in <strong>Poland</strong>.<br />

Film Production Insurance<br />

Completion bonds are generally uncommon in <strong>Poland</strong>.<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 <strong>Poland</strong> offer a wide range of<br />

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 />

. see: Act of 2 July on Freedom of Economic Activity, Polish Official Journal (Dziennik Ustaw<br />

– Dz.U.) 200 , no. , item 0 .<br />

2. see: Regulation of the Minister of Culture dated 2 October 200 on the co-financing of<br />

cinematography undertakings by the Polish Institute, DDzz..UU.. 200 , no. 2 9, item 0;<br />

with later amendments: DDzz..UU.. 200 , no. 0, item<br />

.<br />

and DDzz..UU.. 200 , no. , item<br />

. see: Regulation of the Minister of Culture dated 2 November 200 on the mode and<br />

method of audit with reference to the use of additional project funding, DDzz..UU.. 200 ,<br />

no. 2 2, item 20 .<br />

Text prepared in cooperation with the Salans law firm, winner of the 200 International Law Office Client Choice Awards.

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