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Posts by delphiandomine  

Joined: 25 Nov 2008 / Male ♂
Warnings: 1 - Q
Last Post: 17 Feb 2021
Threads: Total: 86 / In This Archive: 69
Posts: Total: 17813 / In This Archive: 12419
From: Poznań, Poland
Speaks Polish?: Yeah.
Interests: law, business

Displayed posts: 12488 / page 79 of 417
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delphiandomine   
15 Mar 2016
Law / Moving to Poland with Business [8]

As the UK and PL are in the EU there would be double taxation relief meaning that we would only be taxed in the UK (corporation tax of 20%) and cannot be taxed again in PL.

No, not quite. You're missing the vital dividends part. I'll try and explain :

Company makes a pre-tax profit of 50,000GBP
Minus UK corporation tax of 20% - leaves you 40,000GBP in profits
For the sake of argument, you pay yourself 40,000GBP in dividends.

--

Now, the money is transferred to Poland, so let's use the figure of 218596PLN.
You take off tax free amount (I'm using 6200PLN as the number as I don't know what the married allowance is nor the allowance for kids)

218596 - 6200 = 212396PLN

You then pay 40355PLN (19% of the dividends after the tax free amount to the Polish tax office, leaving you with 171056PLN or 31293GBP. It's an effective tax rate of around 37.5%.

In regards to double taxation - all it means is that the same income isn't taxed twice. If you pay (personally) 2000GBP cash to the British HMRC, then Poland will give you a credit for the 2000GBP cash paid.

I would get these numbers checked by a professional, but I think they're broadly correct. The thing I'm not sure about is how a Polish branch office affects things. I'm pretty sure you can lower the taxable amount by quite a bit, but you'd need specialist advice on how to handle it.
delphiandomine   
15 Mar 2016
News / Demonstrations in Poland in defence of democracy. [2554]

Now things are getting very serious :

One of the founders of Polish NGO the Committee for the Defence of Democracy (KOD) is to carry out a hunger strike in response to the prime minister's refusal to publish a ruling by the Constitutional Tribunal.

thenews.pl/1/9/Artykul/244753,Polish-activist-announces-hunger-strike-over-constitutional-crisis
delphiandomine   
15 Mar 2016
Law / File complaint against Poland's police [97]

OK, I'll post what I've learnt here in case it helps others, too.

- Check the zoning of the property. I've got a strong feeling that at that price, it's not agricultural land.
- From the photos you provided and compared to what's available online, they really did a number on the property. I'm sorry for not believing you, and I completely take back what I said. Consider it a large slice of humble pie!

- It's an idea to get a soil sample taken.
- It's probable that Skanska have subcontracted the work, but at the end of the day, they're still liable for it.
- It's in Wrocław - so, I suggest that you approach the person responsible from the city side of things.

--

Do you know if the property was actively being marketed at the time of the first damage? I have a strong feeling that the real estate agent is behind all of this. Obviously the problems with the "family friend" haven't helped any, but they must have found the site somehow to begin with. Proving it will be difficult, though :(

You absolutely want to make a complaint to the public prosecutor. Give them everything you can - video, dates, times, the lot.
delphiandomine   
15 Mar 2016
Law / File complaint against Poland's police [97]

Sent you a PM - I think there's some things we need to check, I'm actually worried that Skanska might have somehow obtained a legal contract to do what they're doing :(
delphiandomine   
15 Mar 2016
Law / Moving to Poland with Business [8]

So in your opinion, would the easiest/cheapest way be to set our UK company up as a limited company?

Not the cheapest, but probably the easiest from your point of view.

If we do this, do we still need to pay the social insurance of 1100PLN per person?

It's a bit of a grey area. You won't have to pay it, but you're always risking the social insurance institution coming after you and questioning why you aren't paying them. In practice, as long as you aren't paying NI in the UK, it should be ok.

And by turning our company into a UK LTD company, we just have to pay Polish Income tax instead of any UK tax?

Unfortunately, no. You'll pay UK corporation tax, then you'll pay Polish taxes (19%?) on the dividends. So effectively - 20/21% + 19% for an effective burden of 40%. If you go self employed in Poland, then (assuming you want a partnership) - 2200PLN/month in social insurance taxes + 18/32% tax (or flat rate 19% without any deductions).

You should probably have a chat with a Polish UK-based accountant. For instance - polishhouseltd.co.uk/index_en.php

Like I said above, you're going to take a huge hit financially by moving here. The tax free amount is miniscule compared to the UK, the social insurance taxes are regardless of income, etc etc.
delphiandomine   
15 Mar 2016
Law / Moving to Poland with Business [8]

As we would be self employed in the UK, how would this work when living in Poland and what would we have to pay?

You cannot be self employed in the UK. You're no longer resident there for tax purposes, so you have to move the business to Poland. Yes, you have an obligatory social insurance contribution of around 1100PLN per person per month - you're obliged to pay not only for the owner of the business, but also close family members working there. Likewise, if you have a partnership, then you also need to pay the same amount.

As for the mortgage - you need to talk to specific banks and find out what they'll accept.

You can set up a UK limited company and then simply pay tax in Poland on your earnings from it. However, bear in mind that the tax thresholds are much lower in PL than in the UK.

In short, you're going to take a financial hit by moving here. Don't try and maintain a residence here while paying NI in the UK - the Polish Social Insurance Institution has access to the UK databases and will come after you for unpaid social insurance.
delphiandomine   
15 Mar 2016
News / Demonstrations in Poland in defence of democracy. [2554]

The drama is only beginning.

Perhaps not. There's signs that some members of PiS are not very happy with how the whole thing is unfolding, especially their MEP's. The entire parliamentary opposition (including Kukiz!) has now called on PiS to publish the decision of the TK, so the heat is growing.

There's a suggestion by one member of PiS that the most sensible way forward is for Duda to swear in the original judges, for the next 3 judges to be 'next in line' and for the Sejm to work on a new TK project that will address the concerns of everyone. However, Kaczyński has openly dismissed the idea of compromise and seems to be stubbornly clinging to the idea that the PiS TK law is valid and that's that.

Either way, if PiS won't budge, then it seems highly likely that the state will become paralysed at some point. PO are biding their time, but even a coordinated Italian strike could cause carnage.
delphiandomine   
15 Mar 2016
Law / File complaint against Poland's police [97]

Adrian - just a thought - if I were you, check this and make sure nothing is wrong here.

ekw.ms.gov.pl/eukw/pdcbdkw.html

(edit : sent you another PM, I don't want to give away the location to anyone on here)
delphiandomine   
14 Mar 2016
Law / File complaint against Poland's police [97]

Thanks I appreciate it I really do but I don't want to waste your time.

No worries. But one question - does the land fall in Wrocław proper, or is it under a different municipality? The reason I ask is that if it's in Wrocław proper, I can point you in the direction of some people that can help put pressure on Skanska.
delphiandomine   
14 Mar 2016
Law / File complaint against Poland's police [97]

i am totally lost idk what else to do..

My suggestion is to pay someone to document exactly what happens over the course of the week. It shouldn't cost you a lot - I can point you to a Facebook group where you can find someone to do it. Just get them to document everything - registration numbers, descriptions, the lot. Then - get someone to follow one of the trucks from the building site to your property, so you have a witness that will vouch for all of this happening.

Then the most important thing is to secure the property. It won't be that expensive to pay a private security company to have someone sit there for a few hours.

If you want me to verify anything, I don't mind dropping by as I'll be going by Wrocław in a couple of weeks to the mountains anyway. It's no problem to help - I can't replace the private investigators/lawyers, but I don't mind giving you an honest answer as to what's currently going on there. And I don't want money, just a thank you ;)
delphiandomine   
14 Mar 2016
News / Demonstrations in Poland in defence of democracy. [2554]

Those numbers are a bit skewed, because they're only taken from the 551 people that said that they will "probably" or "definitely" go to the polls. That's why there's such a discrepancy, because PiS voters will always turn up.

It's rather better to look at what just happened in Malopolska. On Sunday was the mayoral election in Chrzanow after the previous PiS-supported mayor was recalled in an referendum. Bear in mind that in the 2015 election, PiS defeated PO there by 35-30%.

This time, quite the opposite. The candidate was endorsed personally by Beata Szydło, yet PiS came in 3rd place with only 19%. PO came 1st with 44% and an independent candidate 27%.
delphiandomine   
14 Mar 2016
Law / File complaint against Poland's police [97]

Don't buy property in Poland unless you yourself look after it regularly or have someone you can really really trust look after it.

Or just get a very good security company to look after it. The bigger (more reputable) companies can easily install a system that will protect the property for not very much money.

In fairness, this looks very much like the property was already abandoned and they took advantage of the situation. The condition of the house is so terrible that they probably gambled (wisely) that the owner wouldn't be able to stop them in time.

Anyway, if you want my advice - sell that land ASAP. The new laws come into force in May which will effectively make it much more difficult to sell land. You could be years in court with no resolution with the bills mounting up, and I know that the building industry creates and liquidates companies very very quickly.

If it was classed as agricultural land, then you've lost nothing except the damage to the house.
delphiandomine   
14 Mar 2016
Law / File complaint against Poland's police [97]

I just feel (In my opinion) that it is not good to allow foreign ownership in Poland

Bear in mind that many Poles bought properties in East Germany as you can buy a house there cheaper than in Poland, and Polish buyers are also starting to buy up property in Ukraine.
delphiandomine   
13 Mar 2016
News / Demonstrations in Poland in defence of democracy. [2554]

Doug, don't be so harsh on the Poles.

facebook.com/permalink.php?story_fbid=10207575499899158&id=1640085487

Look here - yet another fantastic turnout, and numbers will only grow as we get into Spring.
delphiandomine   
13 Mar 2016
News / Demonstrations in Poland in defence of democracy. [2554]

but of course the scum was too clever for that, and manned the tanks and armoured cars with the citizens own children, young men barely out of their teens.

That wasn't the best part. The ZOMO forces were recruited from young, angry men with little financial means. They would approach them, offer them the best of conditions and also help out their families. The men were then brainwashed into understanding that their comfortable existence depended on their support of the authorities, hence they were more than willing to stick the boot in to others.

I wouldn't be surprised if PiS repeat exactly this tactic.
delphiandomine   
13 Mar 2016
Law / File complaint against Poland's police [97]

Likewise. PO really, really screwed up by not doing it quickly and effectively. When you realise just how much the State still owns, it's a wonder that anyone actually gets anything done here.
delphiandomine   
13 Mar 2016
Law / File complaint against Poland's police [97]

Sigh. Are you honestly so naive as to believe what the PiS media tells you? PiS have been making up all sorts of stuff about people to justify things - even though it was very quickly established that all three people had something in common - PiS wanted them to indulge in corruption and they refused. If this situation was true - then we should see real proof, not just smears printed in the PiS-controlled media to justify things.

Did you not read what the President of the World Arabian Horse Organisation wrote about them?

Furthermore, if the allegations are true, then why didn't they get replaced with experts in their field and not just someone that laughably claimed that "I admire horses, but I have no practical knowledge of them"?
delphiandomine   
13 Mar 2016
Law / File complaint against Poland's police [97]

It was certainly more independent under PO than it is now. I don't recall PO firing internationally renowned experts and replacing them with people that don't even know anything about horses.
delphiandomine   
13 Mar 2016
History / How come Poles like Russians but not Germans? [216]

For example when lots of Poles choose a foreign language in school (other than English, of course, which is required!!), the majority will choose German, not Russian.

They don't have much of a choice. Russian teachers were mostly fired post-1989 and replaced with others, and only a handful of schools even offer Russian as a subject.

Short sighted, but still.
delphiandomine   
12 Mar 2016
Law / File complaint against Poland's police [97]

You have faith that a party that destroyed the independent civil service and appointed their own Party members to every single management position they could...is going to fight corruption? Are you insane? We already have endless examples of blatant corruption - so it's going to get a lot worse, not better. Heck - we even saw how they appointed a man to the Chief of Police that was under investigation for corruption. He destroyed the case against him, then immediately quit.

Gumishu, don't be so naive. If you appoint people based on their Party membership rather than their professional career and qualifications, then corruption inevitably follows. It's exactly why Putin's Russia is so deeply corrupt.

Did I mention corruption?

It seems that you did. Thank you :D
delphiandomine   
12 Mar 2016
Law / File complaint against Poland's police [97]

Nothing to do with communists, It's the difference between right and wrong, most of us grasp that by the age of four.

That's exactly what the communists did - they destroyed any sense of right/wrong when it comes to property. The sheer amount of brainwashing about 'filthy property owning capitalists' still manifests itself constantly today.
delphiandomine   
12 Mar 2016
Law / File complaint against Poland's police [97]

but the fact is if you own anything in Poland you have to guard it

It's a sad fact indeed. The attitude towards property here is shocking - communism destroyed minds as well as hearts :(
delphiandomine   
12 Mar 2016
News / Demonstrations in Poland in defence of democracy. [2554]

He can afford to pay now. You're just selectively quoting the facts, which is that at the time, he was unemployed and couldn't pay. Now (and for a while), he's employed and has been paying it back.

For what it's worth, most of the organisation is done by other people, not him.