Posts Tagged ‘social insurance’

Am I now a UK or Poland resident for tax purposes?

Wednesday, September 17th, 2008

Residency for tax purposes

It’s important to determine whether you are Polish or UK resident because that will determine where your taxes are due and whose health insurance system you fall under. The rule of thumb is that if you are in an EU country for 6 months or more then you are resident there.

If you are UK resident then:
* you continue to pay your taxes in the UK
* you pay national insurance in the UK
* you can get a European Health Insurance Card from the NHS to cover medical bills in Poland

If you are resident in Poland then:
* you will now fall under the Polish tax system. The tax bands are lower than those in the UK and your GLOBAL INCOME is taxable, NOT JUST MONEY YOU EARN IN POLAND!
* you will pay social insurance to ZUS
* ZUS can give you a European Health Insurance Card which you should use when you are back in the UK

What happens if I move to Poland?

In theory when you decide you are ‘resident’ in Poland you should inform the authorities accordingly. That means you tell the Inland Revenue you have left the UK and they will calculate whether they owe you any tax back or not. If you start working for a Polish company then they will sort out your tax and ZUS for you. If you were self-employed in the UK then you need to talk to an accountant. You may decide to open a new Polish company, or you may decide to register your UK company as an employer in Poland so that it can pay social insurance for you.

What happens if I work in the UK during the week but return to Poland at the weekends?

In situations such as this it comes down to defining your ‘place of living’. If you stay in hotels during the week but your house is in Poland that’s one point for Poland. If your family (spouse, kids etc..) live in Poland that’s another point for Poland. If you spend your spare time in Poland, again that counts as living in Poland. If you think your situation is arguable then you can ask the Polish tax office (Urząd Skarbowy) to make a ruling. An application for a ruling is free of charge. You describe your situation and put your point of view in it. They have 3 months to rule. If they don’t rule within this time then your point of view prevails and is binding for all tax offices in Poland.

What happens if I don’t become resident in Poland?

Probably nothing for a while. But you might get a knock on the door one day from the tax office. You run the risk that they will rule you as a Polish resident and give you a backdated tax bill for your global income. Having said that, Poland has tax agreements with most countries so that you are not charged twice for tax. But I don’t know if there are any penalties involved or if there would be a tax bill still due to differences in tax bands etc.. If this has happend to anyone I would be keen to hear about it!

Registering a UK company as an employer in Poland

Wednesday, September 17th, 2008

I have a UK company which I ran before I moved to Poland. Having now lived in Poland for a while I figured that I should do something about my residency situation as per my last blog post about Polish residency.

Therefore I spent a long time on the phone to the Inland Revenue back in the UK, and made a couple of visits to ZUS and the Urząd Skarbowy here in Poland.

I decided that I would continue to pay myself from my UK company but I would become a Polish resident employee.

The Inland Revenue said that I could continue to put myself through my pay roll if I wanted (Class X for National Insurance and tax group NT) or I could just take money out of the company against an invoice.

Polish Social Insurance – ZUS

ZUS said that I needed to register my UK company as an employer in Poland and open an “employer account” called a konto płatnik to make social insurance payments. The alternative was to pay the employee (i.e. myself) gross, and have the employee sign a declaration that the employee has the responsibility of paying both the employer’s and employee’s social insurance payments.

Option 1 – konto płatnik – to do this you have to fill out form ZUS ZPA. But to do that you need a tax number (NIP) from the Urząd Skarbowy. To get the NIP you have to fill out form NIP-2. But because your company is foreign you have to apply directly to Warsaw and enclose certain documentation:
* company documents (such as formation certificate)
* translations by a sworn translator of these documents
* declaration (in Polish) that you are not supplying bank account details becase you do not wish to make use of Polish VAT returns

The Warsaw address for a NIP-2 for a foreign company is:
Drugi Urząd Skarbowy Warszawa Śródmieście
ul. Jagiellońska 15
03-719

Telephone +48 (0)22 5845100 or 831 9194 or 831 9195
There is information about this in English and German on the zus website.

Option 2 – employee pays both employer’s and employee’s ZUS:
The employee and employer should sign an agreement that the employee takes the responsibility of paying the employer’s side of the social insurance payments.
In Polish this is called:
“umowa z pracownikiem o przyjęciu roli płatnika z przedsiebiorstwem nie mającym oddziału w Polsce”.

Polish tax – Urząd Skarbowy

This side seems simpler. My understand from what they told me is that my company simply pays the employee a gross salary and the tax bill is determined the following year. Not like the more complicated PAYE system in the UK with different tax codes etc..!
The Polish system is that in February 2009 the employer fills out a PIT-11 form for each employee which shows how much that employee was paid for the 2008 year. The employee then has until April 2009 to pay his/her tax bill.

After going through all this information I decided not to use my UK company to do this afterall – I figured that if the ZUS was going to be hassle then it would be simpler to just open a new company in Poland and have that company pay my ZUS. My Polish company can simply invoice my UK company as necessary to move funds.

My next blog post will be about how to set up a Polish company.