I am an Australian currently in the process of negotiation for a job offer in Poland. As part of the employment requirement, the company want to employ me as an external consultant which means I will need to set up a "one person company " (dzialalnosc gospodarcza) and apparently I was advised that it is not feasible if I am not a EU citizen. Does anyone know if this is true and if there is any other options I can explore? I was considering also to set up my limited company in UK and today I was advised that it was against the Polish law for me to set up my company in UK and work in Poland, does anyone know that this is true or?
Also does anyone heard about "a combination of contract forms - labour plus civil (with a sister entity)"??? Does it means if I accepted this form of employment I will be paying high personal tax?
I would really appreciated if anyone can explain to me about these matter or share their experience with me.
I don't see any problem to open a LLC in UK and work in Poland or for company in Poland. Every company set up in one of UE country can do it's business in other UE country without any limited. Maybe accountancy is easier if the parts are registered in the same country but still it's possible. Self employment is also good idea and you wouldn't have to much problem with registered it.
If permanency and stability it's the worst case possible - Polish employers try to escape from hiring permanent employees by asking candidates to create one person company. All taxes and costs related with establishing a company would be your obligation and probably the company you are talking to won't reimburse that. Taxes plus mandatory insurance (ZUS) - it's not minor amount. If they hired you directly they would have to pay half of ZUS, the other half and tax would be taken from your salary.
It's better to establish your company in Poland - you can avoid double procedures. Even though Poland is a EU member you should apply for permission to work outside the country of your origin/settlement. Another problem is that you may be bared with double taxes, after a fiscal year is finished you can have the overpaid tax returned but it takes time and you will have to face beaurocracy.
Civil resposibility means legal responsibility as you will be the owner of a company (no matter if it's one person or not). So if you decide for that you'd better find yourself a good accountant (search for Biuro Rachunkowe) who would advise you which form of comapny (there are several) would be best for you, help you with establishing and then may help you with procedures. And also would provide some legal advises.
If you just want to gain some experience and live for a while in Poland it's not so bad. As you are the owner of a company you can always close it and try to find other career path.
Whether you can provide an business activity in Poland as a "sole trader" - one person company it depends on your legal status in Poland. In general the foreigners (not EU citizen) is forbidden to set up and provide business activity as a sole trader. Only in some circumstances it's possible, for exemple if you have any special residental permission. But the abovementioned restrictions refer only to an activity as a sole trader (dzialalnosc gospodarcza).
There are many other options to omit this ban. As a not EU citizen you can provide your business in Poland by setting up one of the companies listed in the statute, for example Ltd.
It's also possible to set up a Ltd. in England and provide the business in Poland, but you have take into account another effects concerning taxation, insurance etc. So if you are really interested, contact me please.
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