Persons going to work in a country other than the one where they have tax residence are afraid that income earned abroad will be taxed twice, i.e. in the country of residence and in the State in which the work is carried out. In order to avoid such a situation, an appropriate method of avoiding double taxation should be used. The provisions of double taxation conventions and the provisions of relevant acts determine the method which is applicable in a given case.
(more…)Natural persons having their domicile in Poland are liable to taxation of all their income (revenue) regardless of the location of its sources. This rule also applies to income (revenue) earned abroad. In order to avoid its double taxation, the Personal Income Tax Act of 26 July 1991 (i.e. Official Journal of 2021, item 1128, as amended), hereinafter referred to as the Act, as well as double taxation conventions provide for two methods of avoiding double taxation: the proportional deduction method and the method of exemption with progression. Unfortunately, the method of proportional deduction is less favourable for the taxpayer. To reduce its negative effects, the legislator has introduced a special relief, called the abolition relief.
(more…)For many years, the issue of the qualification of the expenses incurred by the employer for the accommodation of workers posted abroad has stirred up strong feelings. For a long time, the prevailing view was that the expenses in question constituted the worker’s revenue, subject to taxation. Recently, a new line of case-law, presenting a completely different viewpoint, has emerged in the jurisprudence of the Supreme Administrative Court.
Independently of whether an employee goes on a business trip or is seconded to work abroad, daily allowances are mentioned in the context of his/her departure. However, the role of daily allowances for a worker in the delegation and a posted employee is different. We will try to explain these differences in this article.
On 1 January 2026, the minimum remuneration in Germany will be increased. The change not only results in higher wages received by workers seconded to Germany, but also requires employers and temporary employment agencies posting workers to Germany to update HR documents and re-examine business strategy.
For many companies, posting employees to work within the European Union offers an opportunity for development, new contracts and greater competitiveness. However, for secondment to be legal, safe and cost-effective, it’s necessary to prepare the documentation properly – especially the international secondment addendum which constitutes the basis for changing the place of work.
If workers travel to the United States of America, the rules concerning the posting of employees to EU territory can’t be applied. Special regulations apply here. The Polish-American social security agreement which specifies, among others, the principles for determining the appropriate social security legislation is one of them.
On 24 December 2025, provisions on the transparency of remuneration in the recruitment procedure will come into force. This change will have a significant impact on the entire labour market, including the engagement of employees posted to work abroad.
The A1 certificate constitutes the document confirming the appropriate legislation in the field of social security. It should also be held by a self-employed person who is active in several EU Member States.
The equivalent for washing workwear is paid both to posted employees and those working in Poland. The payment of the benefit in question is directly related to the employer’s obligation to provide employees with work clothing and footwear for free, as well as to take care of its washing, maintenance, dust removal and disinfection.
Posting employees abroad involves numerous formal obligations. In the case of secondment of workers to Sweden, the employer must declare this fact to the Swedish Work Environment Authority (Arbetsmiljöverket). The notification is mandatory for any company sending employees to Sweden in the framework of the provision of services.
The possibility of delivering official correspondence by electronic means is slowly becoming commonplace. On 1 January 2025, the first group of entities became required to use the electronic delivery system. Over time, the obligation in question will be extended to more entities.
For many years, the issue of the qualification of the expenses incurred by the employer for the accommodation of workers posted abroad has stirred up strong feelings. For a long time, the prevailing view was that the expenses in question constituted the worker’s revenue, subject to taxation. Recently, a new line of case-law, presenting a completely different viewpoint, has emerged in the jurisprudence of the Supreme Administrative Court.
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Managing Director
Head of the HR and Payroll Department