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Posts by nierozumiem  

Joined: 18 Jan 2008 / Male ♂
Last Post: 16 Jul 2010
Threads: Total: 9 / In This Archive: 8
Posts: Total: 118 / In This Archive: 90
From: Małopolska
Speaks Polish?: trochę
Interests: Property

Displayed posts: 98 / page 1 of 4
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nierozumiem   
2 Dec 2009
Real Estate / Mortgage default rates in Poland [10]

Do you still think that the banks have too much power over debtors? I think it sounds quite reasonable for a bank to seize a property that the debtor has defaulted on.

I'm interested in this idea of the bank taking personal assets without a court order. I've heard stories that in the "old days", you could get a knock at the door and a repo service would just walk in and start taking everything from the apartment; furniture, electronics, etc. This could be over a small debt, or maybe even an unpaid fine. (like getting caught on the train without a ticket). All without a court order.

I never believed that this could be true. Is that what you are referring too? Is this still permitted?
nierozumiem   
1 Dec 2009
Real Estate / Mortgage default rates in Poland [10]

To sum up banks in Poland have to much power ower debtor, but paradoxically because of that people are not so eager to make big loans.

In my opinion the situation is the reverse. As you pointed out it is difficult for the bank to foreclose on a property when the debtor defaults, and even more difficult to remove the debtor and sell the property. For this reason the banks, particularly now, are very shy to lend large amounts of money for the purchase of property.
nierozumiem   
10 Nov 2009
Law / Accounting of costs when a Polish company pays foreign providers [9]

If these companies are supplying services to an EU customer they should be VAT registered in at least one EU country and should be able to provide a VAT invoice to you.

"When a non-EU operator supplies electronic services to an EU customer, the place of taxation, according to the Directive, is within the EU and therefore those services are subject to VAT. For instance, a US e-commerce software company electronically delivering services to an Italian individual or business is subject to VAT because the place of taxation is deemed to be within the EU. For this purpose, the foreign supplier must register with a tax authority in one EU Member state to collect and remit the VAT every three months.Yet, an important distinction exists when non-EU operator supplies electronic services to an EU company (not a final customer), this transaction may not be subject to VAT under the "reverse charge mechanism." Since the EU company will collect VAT when making the final product sale, the non-EU operator sale is exempted from VAT payment."

ibls.com/internet_law_news_portal_view.aspx?id=2121&s=latestnews
nierozumiem   
8 Nov 2009
Life / Are there Bank Cheques and checkbooks in Poland? Do people use cheques? [8]

There is certainly a charge for receiving internationally wired funds into a Polish bank account. It varies by bank, but is typically 25 - 50zl per transaction. There would normally be a charge on the sending end as well from your bank in Australia, so if you are wiring to yourself you will get hit on both ends. You are also subject to FX fluctuations beyond your control, unless you hold an account in your native currency in the receiving bank.
nierozumiem   
24 Sep 2009
Law / Invoice Terms in Poland [8]

Is it usual to write your terms on the invoice?

Yes, it is called "Termin płatności", and is a standard part of a VAT invoice. But like Seanus said, if your friend is just going down the self employment route he will not be generating Invoices, but bills. (me thinks)

what the typical invoice terms are here e.g. 30 days.

Just from my experience it is typically 7, 10, or 14 days. Which does seem quite short. I don't recall having seen anything longer than 14 days, unlike the typical 30 days I am accustomed to outside of Poland. I don't know if this cultural or part of the accounting standards here.
nierozumiem   
16 Sep 2009
Language / Kids languages for mixed couples ? [26]

I'm a native speaker of English living in Poland with my Polish wife and our two small children. The kids speak easily in both languages, but I agree with previous postings that children will always prefer to use the local language.

It was important from the beginning for both of us to speak strictly in our native tongues with the children. English television, books, and frequent trips to America are also a big help.

However, we do have many friends in the UK and US in the reverse situation. Some couples are Polish-Polish and some Polish - American/English. In all of these situations the parents have followed similar steps as we have, so the children understand Polish, yet they refuse to speak Polish unless the situation absolutely requires it. (Example: Babcia visits and doesn't understand a word of English). And when they do speak, their vocabulary is limited and grammar as well, with some very interesting accents.

It has struck me as quite odd that 2 Polish parents living in the UK/US speaking strictly Polish at home cannot get their children to speak Polish, while at the same time my children have no issues with using English. I think the answer is that when my older child was young I understood very little Polish and she was forced to talk to me in English. With our friends in UK / US, the kids catch on very quickly that their Polish parents can understand English, so they speak to them in English.

So I think discipline goes a long way, but the best situation is if one of the parents does not understand the other’s native tongue and the child is forced to use both.
nierozumiem   
15 Sep 2009
Real Estate / Avoiding tax when selling a flat in PL [19]

Sorry Juche, but I haven't heard of this exemption, and I am a bit skeptical that such an exemption would be created. Certainly just about everyone that has purchased a flat in the 2004 - 2007 period would have used credit and would be in a similar situation as you.

then it means you pretty much lose money no matter what, unless I understand this all wrong.

No not the case at all. To use my previous example if you paid 500k and sell for 600K then you have a tax of 60k, and you net 40k. If you are selling for less than 10% greater than your original purchase then yes, you are losing money, and this may well be the case for most purchases made in 2006.

I agree that it is a bad law and has left many in a tough situation. That is probably why it changed in 2007. I recall that during this period, and still to this day, that many in property game kept refering to it as a Capital Gains Tax of 10%, which it is not. It would be more proper to call it a sales tax of 10%.

On 1.1.2010 properties purchased in 2004 will complete the 5 year period and I suspect that many properties will come on to the market from sellers very anxious to exit. Even more so on 1.1.2011 and 1.1.2012

Good luck with your sale. Get in touch with a good accountant or even call the tax office directly. Hopefully I am wrong in everything I have written...
nierozumiem   
15 Sep 2009
Real Estate / Avoiding tax when selling a flat in PL [19]

It's a capital gain tax - ie it's applied to the profit made. You keep that, not the bank!

No. Properties purchased prior to 1.1.2007 incur a 10% flat tax on the net proceeds of the sale (sale price minus estate agent fees etc). This is a tax based on the sale price and does not take into account any profit or loss. After five FULL calendar years of ownership there is no tax to pay on the sale. So if you purchased your flat in 2006 you cannot escape the tax until 1.1.2012

It is a very strange tax and not truly a CGT. For example if you paid 500,000PLN in 2006 and sold today for 600,000PLN your tax is 60,000PLN. If you sold today for 400,000PLN your tax is 40,000PLN, on top of your loss of 100,000PLN. OUCH!!

It is possible to avoid the tax if you roll the proceeds of the sale into another property within 2 years, but you must elect this option with the tax office very shortly after the sale (I think within 15 days)

Properties purchased post 1.1.2007 there is a true CGT of 19% on the profit. You can avoid this by using the property as your primary residence for 12 months; you must have zameldowanie as proof of this residence. And I think (I could be wrong) that after 1.1.2008 the rule changed to 24 months of residence to avoid the CGT.
nierozumiem   
19 Jun 2009
Real Estate / Decent property management company in krakow [13]

I recommend Property Krakow Group as well.

I’ve used a variety of services from them over the past few years, and they have been consistently professional and have yet to disappoint. They have a really good team of English speaking staff and they know the sales/rental/management market in Krakow as well anyone.
nierozumiem   
17 Jun 2009
Real Estate / Cancelling Tenancy Agreement Before End Of Contract Query [10]

Your typical Polish lease contract will have a termination clause in it which will give the landlord the right to end the tenancy prior to the end of the contract under certain circumstances; for example non-payment of rent, destruction of the property, significant disruption to neighbours. If you have not violated any of the termination clauses in your contract, then I don’t see how the landlord can legally evict you. Threatening to not make future rent payments becomes a problem in the future, not today.

On the other hand, you signed a contract with the landlord for a length of time and committed yourself to paying the rent for that period. So of course legally and ethically you are obligated to pay the rent for the final two months. I can understand his anger when hearing that you won’t fulfil your side of the deal, but he cannot evict you.

I think that the most sensible approach is to let your landlord calm down and then speak with him again. You already offered to help find a new tenant to replace you, and continuing to pay rent until a tenant is found and forgoing your deposit. A couple of thousand zlotys might not be much for you, but it may put food on his table, and could be worth his time pursuing. You owe him 2100, for sure he is keeping the 1500 deposit, so you are really only arguing over 600 zloty here.
nierozumiem   
14 Jun 2009
Real Estate / Flexible payment arrangement for land purchase in Poland [30]

What is the downturn except paying more in Capital Gain (UK) if I decide to sell.

It is tax fraud, it is illegal, it is immoral. The vendor will do this to minimize his capital gains tax exposure and to reduce the amount he would pay to the estate agent. The buyer reduces the amount of CIT, notary and estate agent fees.

I understand that this is a fairly common thing to do with houses and apartments, as the value of such things involves some judgement, but land is land, and the market value is a bit more apparent to the notary and Polish Tax office. I advise against trying this.

Yes, you will increase your capital gains from both the Polish and UK perspective (assumming you are UK tax resident at the time of the sale). Under current Polish law you will pay 19% Capital Gains tax on the sale. There is a way to rollover the proceeds of the sale into another property without incurring CGT, but you must make a decleration to the tax office within a very short period of the sale, and you only have two years to do this. I don't think this applies to land sales though:

propertysecrets.net/blogs/reemerging_markets/capital_gains_ tax_in_poland_how_much_will_you_pay_/post-295.html
nierozumiem   
5 Jun 2009
Life / How Much Do you pay for Water & Electricity in Poland (Warsaw)? [10]

Marco1

Your water cost will also include the cost of sewage (waste). Assume about 40 -50zl per month per person.

Electricity is dependant on whether you have electrical heating or not. If you have gas, or city heating your electricity costs will be far lower. For a typical 2 bed 60m2 apartment expect to pay about 150 - 200 zl / month.

If you use electrical heating there are many factors you need to take into account such as ceiling height, window quality, age of the building, etc. But expect to at least triple your electricity bills in the winter months

Poland has some of the cheapest electricity prices in the world, almost comparable with the US.
nierozumiem   
31 May 2009
Real Estate / Flexible payment arrangement for land purchase in Poland [30]

Translator - In this instance it is a non-issue if the person buying the land (your wife) and the vendor are native Polish speakers. If you wife is not fluent then the notary will require a sworn translator. (You must provide the translator) This translator's details will actually be entered into the notary act. If your wife is fluent, I don't think that the notary will allow a translator there just for your convenience as an observer. As the notary is required to read the entire contract out loud, word by word, a translator really drags down the process.

Notary Fees - Google around a bit and you can find an exact schedule of fees that the notary can charge. As the price of the transaction goes up the notary's percentage goes down. This can be negotiated down.

Debts - I'm not aware of any reason that you cannot get a letter from the town hall yourself about debts against the property. Any mortgage on the property should show up in the registry and should be evident to the notary.

Purchase Cost - I've never shared them, but have heard of the 2% CIT tax being split between parties

Title - Poland has a general public guarantee of the integrity of the land registry books and property transfers in "good faith" are considered valid. The notary has the burden of making sure that the transaction is valid.

get a good lawyer

Agreed. You need to have confidence in this transaction. Do you mind sharing about how much this land will cost?

Estate Agents in Poland get a lot of grief from the general public regarding their fees, integrity, work habits, and so on. In a situation like this a good agent would check all of the documents and debts themselves, arrange a notary, arrange a translator, help find a lawyer, and have direct answers for most of your questions. Well worth the money for a foreigner unfamiliar with the process. (No, I am not an estate agent)

Good Luck
nierozumiem   
30 May 2009
Real Estate / Flexible payment arrangement for land purchase in Poland [30]

Deposit – In my experience a 20% 'zadatek' deposit is normal, but whatever the deposit amount is, it should reflect a balance between your perceived risk of the vendor or you backing out before the final contract. Let’s say the agreed price of the sale is 500,000PLN and you make a 10% deposit. If the vendor backs out you will get your deposit back, plus a 50,000PLN penalty from the vendor. So if the land is “hot”, and you think that there is a chance of the vendor getting a 600k offer prior to your completion next year then you would want to make a higher deposit to guard against this. On the other hand, a 90% deposit places a risk burden on you; if you are unable or unwilling to complete the deal, you lose everything. It is interesting to note that the vendor will spend the deposit money prior to the final contract. I also wonder if there is a maximum amount of time allowed by law between the pre and final contracts.

Fees – expect 2% CIT tax, notary fees of about 1 – 1.5% +22% VAT, and some court costs. The buyer is legally obliged to pay all of these costs, but you can negotiate to share the costs with the vendor.

Notary – The notary has a fairly straightforward job. They are responsible for checking the title, and land / registry documents, ensuring the owner is the owner and has the right to sell, drawing up the contract of sale, collecting taxes, entering new records into the books, and ensuring that both parties understand the contract and freely sign it.

Lawyer – technically not needed as the notary should represent both of your interests, but it all comes down to confidence in the notary. It doesn’t hurt to involve a lawyer, but it may be easier to find a trustworthy notary.

Contract – a very longwinded document to state a few simple facts about who is selling, who is buying and where the property is. Typically no surprises, unless you are buying off-plan.

Good Luck
nierozumiem   
29 May 2009
Life / Where to do laundry in Krakow? [24]

Useful post, thanks. Does anyone know if there are any other laundromats in Krakow besides the one on Dietla, and the one on Wrzesińska? (both claim to be the first and only)

What about laundry pick-up service, is that available at all? This is where somebody will come to your apartment, take your dirty clothes away, clean them, fold/iron, and return them to you. You are charged by the weight of the clothing. You just hope not to have someone else's underwear returned to you. There are lots of services like this in New York, and it is particularly handy for cleaning things like duvets and other large items that won't fit in your washer at home and are too big to lug to the laundromat.
nierozumiem   
1 May 2009
News / EU Parlimentary Elections June '09 - Any non-Poles registered to vote? [8]

I'm one of the 313.

The EU website states that you have a right to vote in the EU state that you are living. As I have a Karta Pobyta and have been living here for a few years, I thought that was me. However, the news article mentions "permanent residency". Any idea which source is correct?
nierozumiem   
6 Apr 2009
News / EU Parlimentary Elections June '09 - Any non-Poles registered to vote? [8]

The EU Parlimentary elections are to take place on June 7th in Poland. All EU nationals resident in Poland have the right to vote, or stand, in the local elections.

Registration deadline is in just two days, April 8, 2009. Has anyone (non-Pole) gone through the registration process here in Poland? What was it like? Does anyone care? I can just imagine the chaos that would ensue if I attempted to register to vote in the town where I live.

ec.europa.eu/justice_home/fsj/citizenship/political/fsj_citizenship_vote_en.htm

Well, found the answer to my very stimulating question:

Only one percent of ex-pats register for Euro elections

Only 313 foreigners have registered to vote in Poland for the European Parliament this June, thenews.pl can reveal.

According to Polish and EU election law, the right to elect MEPs belongs to every foreigner above the age of 18, is a citizen of a EU member state and has voting rights in his home country, is a permanent resident of the Republic of Poland and is registered to vote. EU citizens are also able to vote in Polish local government elections...

nierozumiem   
4 Apr 2009
Real Estate / Warsaw Apartments Prices [8]

Agreed. If access/commute into central Warsaw is reasonably convenient then 1400zl + costs is a very reasonable rent, and 48m2 would make for a fairly generous sized 1 bed by Polish standards. Brand new, fully furnished, throw in the parking space and it sounds like a very good deal to me. Maybe 1500 - 1600.
nierozumiem   
3 Apr 2009
Real Estate / Warsaw Apartments Prices [8]

I see one apartment for sale on that street on Gratka.pl. It is a new build, so perhaps the same development as your friends. The asking price was 5700/m2 in November, but that was recently dropped to 4300/m2 plus 20k for parking.

dom.gratka.pl/mieszkania-sprzedam/lista/,piaseczno,tulipan%F3w,ul.html

There are a few terraced houses for sale on that street and neighbouring streets in the range of 3500 - 4000PLN/m2.

Rental price likely to be about 30-35 PLN/m2
nierozumiem   
13 Mar 2009
Work / US girl wondering if I can relocate to Poland without help of an employer [22]

I'm not of Polish descent and not intimately familiar with the process of obtaining Polish citizenship through grandparents, although I do not that it is possible. I know that there are some historical complications to the matter. For example, your grandparents may have been ethnic Poles, but not necessarily Polish citizens, or they may have departed Poland prior to 1918 when the country of Poland did not exist. So I understand that is general the most difficult part is uncovering the paperwork that proves they were Polish citizens.

There are many discussions regarding this issue in the "Poland Genealogy" section of this forum. You can also try contacting your local Polish consulate in the US.
nierozumiem   
11 Mar 2009
Work / US girl wondering if I can relocate to Poland without help of an employer [22]

If you, a native English speaker, were to show up in any major Polish city in September, with a CELTA or equivalent, you will have no trouble finding work teaching English. There are some schools that only want native British speakers, but there are certainly enough places that will hire you. However, most schools will not bother with the hassle of a non-EU teacher who isn't even in the country.

You can probably do it without the CELTA, but it will provide that extra assurance that you will find work. You said that you speak Polish, so that is another big bonus. A university degree would be another plus.

Do you speak Spanish as well? There is a very big demand for Spanish conversational speakers and you could make some very decent money on the side giving private lessons.

Start a thread in the "Work and Study in Poland" section looking for schools that hire American teachers. Good Luck.
nierozumiem   
10 Mar 2009
Work / US girl wondering if I can relocate to Poland without help of an employer [22]

When I was there before I crossed the border every three months and I heard latley that when border patrol notices this trend they are starting to deny re-entrance.

Now that Poland is in the Schengen zone there is no border between Poland and the other member countries, so it is more difficult to prove that you have actually left the country every 90 days, but on the other hand this reduces the chances of you running into trouble. I have heard stories that it is getting tougher for Americans who have been living under the radar in Central Europe for years in places like Prague and Budapest

I'm not aware of any employers employing americans

There are endless threads on this forum about teaching English. If you are a native speaker you will find work and an employer to sponsor you. Maybe for crap pay and conditions, but if you really want to be in Poland you can make it work. Once you have a work permit you can start to look around for better work. It is out there.

I either need to marry or have an employer help with a work permit

If you any parents, grandparents or even great grandparents from Europe you may be eligible for an EU passport. Each country has their own rules, but Poland and Ireland, to name two, are pretty relaxed about it.
nierozumiem   
6 Mar 2009
Law / Wage Rate for Call Center or BPO Work in Poland [9]

Comrade Juche, Any info on the going wage rate for those clenched-fist workers will be appreciated.

“In a higher phase of communist society... only then can the narrow horizon of bourgeois right be fully left behind and society inscribe on its banners: from each according to his ability, to each according to his needs.” – MARX (Karl)

“I fell off stage and bruised some ribs. The worst part was that the audience didn't realize I was gone.” – MARX (Richard)
nierozumiem   
5 Mar 2009
Law / Wage Rate for Call Center or BPO Work in Poland [9]

Grzegorz, thanks for the info. Gross of 2500 -4000 should net about 1800-2850, right?

infor.pl/kalkulatory/wynagrodzenia.html

I saw a recent thread on this forum where it was decided that 2000 net was the going rate for an IT Help Desk job in Warsaw, so your range sounds a bit higher than I had anticipated.

what kind of call center is that going to be ? Which sector ?

It will be supporting a pharmacutical company. Basic product support.

Can you really gross 4000/month in a call center?
nierozumiem   
5 Mar 2009
Life / Experiences Installing a Wireless Home Network in Poland [12]

Thanks everyone for the help. I ended up buying the Linksys Wireless-G ADSL2+ Gateway (WAG54G2). It is a full all-in-one device.

The box had no setup instructions or quick install guide. Just a CD to pop in. What a disaster! The pdf manual on the disk would not open with my newer version of Adobe, so I just went ahead and clicked the install button. All kinds of problems; blue screens of death, it couldn't find the modem, USB ports disabled, existing modem disabled. In the end I got my existing modem back working, went to the Linksys website and saw that I all needed to do was open my web browser to the IP address of the modem. Why couldn't they tell me that in the box before I wasted 2 hours?

The installation from the TP side of things was simple, just plug it in to the phone line and configure the VCI settings. No problems there.

The device works well enough. The signal is definitely won't reach all rooms, but I expected as much as I have such thick walls. If I knew the IP address from the get-go I could have had it up and running in 10 minutes.
nierozumiem   
5 Mar 2009
Law / Wage Rate for Call Center or BPO Work in Poland [9]

I have a client who is exploring the option of placing a call center in Poland to handle inbound pan-European customer service calls. Languages supported will be primarily Polish, German, French, and Turkish, with the possibility of a few others.

I’m having some difficulty in approximating the wage rate on this type of work. Does anyone know the going rate (net or gross) for a multi-lingual call center agent in Poland in a city such as £ódź, Poznań, Szczecin, Wrocław, Kraków, or Gdańsk? Alternatively can you point me to a resource on the Internet that might have this information, or perhaps a recruiting agency willing to divulge this information?

Thanks in advance for any help.
nierozumiem   
26 Feb 2009
Law / Question regarding major Polish highway (Wieliczka-Balice) [9]

true but one owner may be the one who tends a dozen of those strips

Very true, but in many cases they do not farm adjoining strips. One plot here, one a few down from that, one on the other side of the hill. I think it would be ideal for farmers trying to sell their plots for building purposes, to join together to sell a number of adjoining plots.

I am speculating that what Kielbasa Kid has in mind is something like a 10 Hectare plot along the dimensions of 300m x 350m. I think he will have a very tough time finding such a plot within 40Km of Kraków and close proximity to the A4.