PolishForums LIVE  /  Archives [3]    
   
Archives - 2010-2019 / Real Estate  % width 35

Land sold in Poland... any problems getting money sent to U.K.?


Richie147  
27 Aug 2017 /  #1
My late mother's land in Poland has been sold by a Relative who now tells me that I have 500,000 źl due to me. I am in UK. Should I anticipate any problems?
jon357  73 | 23073  
27 Aug 2017 /  #2
When you receive the bank transfer, you may be asked for additional information due to the size of the transfer - this is to comply with money laundering regulations. Usually they just want to know very basic details about yourself and the source of the money.

You should also check with your bank whether or not it can receive and hold money in PLN and not automatically convert it into sterling at their rate. If they do automatically convert it (as mine do), consider using one of the larger transfer services like WorldFirst (I've been using this one for a few years and they are efficient and reliable - they usually also give the best exchange rate. Transfer is their main rival - they advertise a lot, but generally aren't quite as good). The reason for this is that most UK banks generally don't convert cash at a good exchange rate, hence transfer services existing in order for people to make international transfers at a better rate.

One benefit of using a transfer service (please stick to the larger ones, like the two I mentioned - avoid smaller ones) is that they will talk you through any paperwork needed. With WorldFirst you get a named contact in their head office that you deal with directly by phone or email - no call centres etc.

It is unlikely that you will have any UK tax liability for this amount.. If any tax is deducted within Poland before you receive the cash, you will need to mention this in your tax return to make sure you aren't taxed twice on the same gross amount.
jon357  73 | 23073  
27 Aug 2017 /  #3
As with any issue to do with UK tax, it's best to be belt and braces careful - this is a link to the Inland revenue helpline who will advise if anything is liable. It shouldn't be, but you might want to check rather than receice an unwelcome surprise later gov.uk/government/organisations/hm-revenue-customs/contact/probate-and-inheritance-tax-enquiries
OP Richie147  
27 Aug 2017 /  #4
Thanks for reply. He now tells me he cannot do a bank transfer and that I must travel to Poland to receive the money.... should I be suspicious of anything?
terri  1 | 1661  
27 Aug 2017 /  #5
Before you travel with any large sums of money remember that you have to declare it at the UK border. It would be wise to have all supporting documentation with you to prove the origin of the money.
rozumiemnic  8 | 3875  
27 Aug 2017 /  #6
I must travel to Poland to receive the money.... should I be suspicious of anything?

you know what, when i saw ur post, this is what I thought might come next. Did he say why he cannot do a bank transfer? Are u expected to pick it up in cash? I would be suspicious.Do you even know this relative? Doesnt he have a solicitor or whatever the Polish equivalent is?
delphiandomine  86 | 17823  
27 Aug 2017 /  #7
should I be suspicious of anything?

Yes, be very very careful. The norm in Poland are bank transfers, not cash.

If he insists on the cash, then tell him that the handover of cash has to be made in a public notary's office of your choosing. You can then arrange for a security company to come and collect the cash for delivery to a more secure location of your choice.
dolnoslask  5 | 2805  
27 Aug 2017 /  #8
He now tells me he cannot do a bank transfer

Sounds fish to me, I do lots of transfers / purchases / land sales both in Poland and UK, Always bank transfer is possible and the best route becaus you can label the reason for transfer which makes things clear for both Polis and UK tax authorities, any gains must be declared on your anual tax returns otherwise problems happen.
delphiandomine  86 | 17823  
27 Aug 2017 /  #9
Before you travel with any large sums of money remember that you have to declare it at the UK border.

No need to declare money coming from the EU, that rule only applies to countries and territories outside the EU.
OP Richie147  
27 Aug 2017 /  #10
I have met him twice. Once about 25 years ago on a visit to Poland and 5 years ago when he came to U.K. for mother's funeral (and got my dad to pay to have all her clothes shipped to Poland!). I have a bad feeling about this...
jon357  73 | 23073  
27 Aug 2017 /  #11
It would be wise to have all supporting documentation with you to prove the origin of the money.

It would be very wise indeed - basically a letter from the lawyer who completed probate. If this is a cash thing, It should be in high denomination notes, and carried in a wallet, to avoid issues at customs (very rare between PL and UK, but best to be careful). People do carry larger amounts of money, however those who can also carry proof of the money's origin generally have less stress going through the green channel at the airport.

he cannot do a bank transfer

You should ask him why he can't do a bank transfer. If he maintains he can't, ask about it being paid via WorldFirst or Transfer. If he won't do that, you should make sure he gives a clear explanation why. I cannot think of any honest reason that you would need to travel to Poland to collect cash personally. If they need a signature at a notary's office, it should still be possible to transfer the cash in the normal way.

I suppose a lot depends on how well you know and/or trust the relative in question, and whether or not the money is in a bank or for whatever reason in cash.
delphiandomine  86 | 17823  
27 Aug 2017 /  #12
I have a bad feeling about this...

If you have a bad feeling, go along with it, but pay for a private security company (it won't be expensive, no more than 100 quid maximum) to secure the pick-up point and make sure you have a good Polish lawyer present at the handover. I'd also strongly suggest getting the security company to handle the cash on your behalf - if you choose a big name, like Juwentus, it will be fine.

You can also inform him that a private security company will handle the cash on your behalf, and that the handover *must* be completed at a notary office. If he starts to change his tune, you'll know that he had some plan that quite possibly involved robbing you. For that kind of cash, I'd be almost certain that he is planning something quite terrible.

But generally speaking, these things are dealt with by bank transfer in Poland.
rozumiemnic  8 | 3875  
27 Aug 2017 /  #13
nah if I were you I would insist on a bank transfer. Or follow Jon and Delph's advice. Very very carefully.
It sounds really dodgy, but you know that.
Do you speak the language?
OP Richie147  
27 Aug 2017 /  #14
I have very limited Polish... certainly no financial terms or phrases. Where might I find a trustworthy Polish speaking Solicitor who could protect my interests?
delphiandomine  86 | 17823  
27 Aug 2017 /  #15
Where might I find a trustworthy Polish speaking Solicitor who could protect my interests?

I would suggest doing it properly - pls-solicitors.co.uk/faq/looking-for-a-polish-speaking-solicitor-uk-london-manchester - or simpkinsand.co.uk/polish-division for instance. Get them to handle everything on your behalf, as for this kind of cash, you want everything done by the book. They will contract with a Polish notary and handle everything for you, although I'm certain they will also question why it's supposed to be done in cash and not by transfer.

If you use a Polish solicitor that is registered in England, you can be assured that everything will be by the book. It might not be the cheapest thing ever, but spending 2000-3000 quid to secure 100,000 seems reasonable to me.
jon357  73 | 23073  
27 Aug 2017 /  #16
It sounds really dodgy, but you know that.

Yes. You should ask for contact details for the lawyer who processed the sale of the land. I suspect they may not be forthcoming, however at the very minimum he should explain why he expects you to collect the money in person, and whether it will be cash or a cheque and how much the exact amount will be.

It may just be that the 'official' sale price of the land is far lower than the real cash amount. This can happen for tax evasion.

You shouldn't worry too much about carrying cash - people do it all the time - though there are potential risks at the airport. You may wish to have the money changed at a kantor into 100 euro notes - this will make it more portable, and split it up among your luggage and on your person. Still risky though, unless you've got a letter explaining where it came from.
OP Richie147  
27 Aug 2017 /  #17
@delphiandomine
I totally agree. Thanks for all your input
dolnoslask  5 | 2805  
27 Aug 2017 /  #18
details for the lawyer who processed the sale

Correct the lawyer and notair would have done a direct xfer to the op summats wrong.
OP Richie147  
27 Aug 2017 /  #19
Thanks to everyone who has responded. This is potentially a lot of money I had no idea I was going to receive - but I have low expectations that there will be a happy outcome
delphiandomine  86 | 17823  
27 Aug 2017 /  #20
No worries. I didn't realise at first that it was your mother's land - in this case, I would strongly suggest getting a Polish solicitor in the UK to review everything, as it's quite possible that there have been some games played by this guy. For instance, it's possible that he's sold the land for much more than you think, and he's giving you cash so that you don't question the deal.

If you give us a rough idea about the land, we can tell you if the value is right or wrong.
jon357  73 | 23073  
27 Aug 2017 /  #21
Correct the lawyer and notair would have done a direct xfer to the op summats wrong.

See post 16 - something's indeed wrong, and it's probably all about tax. basically the relative is expecting Richie to do something illegal and risky at the airport.

For instance, it's possible that he's sold the land for much more than you think, and he's giving you cash so that you don't question the deal.

This is another issue.

but I have low expectations that there will be a happy outcome

Yes. It isn't impossible that he'll say he needs to hold some back for 'tax', etc. If you like, I can recommend a Polish lawyers practice in Warsaw, one that I've used. They're commercial lawyers but will either handle it or recommend an associate who can. They aren't the cheapest (but in UK terms aren't dear). If there's anything dodgy expected of them though, they wouldn't get involved.
OP Richie147  
27 Aug 2017 /  #22
There was always rumours and stories of 'her land in Poland'. This was apparently always rented out and this Relative always collected the rents (no money ever forwarded to my mother). She never followed it up as didn't want to upset the family connection. She always referred to it as her 'morgi' ... excuse spelling.
delphiandomine  86 | 17823  
27 Aug 2017 /  #23
See post 16 - something's indeed wrong, and it's probably all about tax. basically the relative is expecting Richie to do something illegal and risky at the airport.

I'm thinking about it now, and I think I know what has happened - the land was probably sold for much more than the OP was told. If the relative hands it over in cash and gets him to sign the document saying that he received it (in Polish), then the court will be satisfied with that. If he makes a transfer, the court will say "oi, mate, why did you only transfer 500k when the land was sold for 2m?" - so he will be effectively pulling a fast one.

As I remember, the person dealing with the estate has to prove all the transactions to the court.

Because you're in the UK, I think the safest option is to get a Polish-speaking English solicitor to handle the situation.
dolnoslask  5 | 2805  
27 Aug 2017 /  #24
t he's sold the land for much more than you think, and he's giving you cash so that you don't question the deal.

Ha that was exactly what my next post would have said, a common trick in Poland, fact is you can trust lawyers and notairs in Poland and they are the people who the op should have been dealing with directly, sumats wrong , find the notair that dealt with the sale asd get the facts from him, demand the relative gives you the details of the notair.
jon357  73 | 23073  
27 Aug 2017 /  #25
the land was probably sold for much more than the OP was told.

Either this or the opposite - the official price and the real price were different. Your explanation sounds sadly credible though.

As I remember, the person dealing with the estate has to prove all the transactions to the court.

Assuming any sort of probate was done at all. It depends what was on the Akt Notarialny for the sale and how the sale was done.

The OP needs to see the actual documents relating to the sale. A Polish lawyer would be a good idea.

If the amount of land was large, or close to a city, or close to a main road, the value could be high.
delphiandomine  86 | 17823  
27 Aug 2017 /  #26
Assuming any sort of probate was done at all

Yes, now I'm wondering the same - he might have got a bent notary to sign off a sale, and he's hoping that half a million in cash is enough for the OP not to ask questions.
OP Richie147  
27 Aug 2017 /  #27
I will definitely employ the services of a Polish speaking U.K. Solicitor and let them sort it out in a manner that will allow me to sleep at night. It will be money well spent.
delphiandomine  86 | 17823  
27 Aug 2017 /  #28
What I suggest - when you are looking for one, make sure it's a solicitor who finished high school in Poland. The reason for that is that they'll understand the Polish mentality well, which won't be the case for a Polish speaking solicitor who grew up in the UK.
OP Richie147  
27 Aug 2017 /  #29
Will do....thanks.
terri  1 | 1661  
28 Aug 2017 /  #30
I have just read the latest advice on HM website.
You do not have to declare ANY cash that you bring in from within the EU. However, it would be very wise to have all the documentation with you. A police dog may sniff the cash and you may be asked to explain its origin. It is always better to be prepared.

Archives - 2010-2019 / Real Estate / Land sold in Poland... any problems getting money sent to U.K.?Archived