Archiwa tax credit - Crede Experto

When determining the tax base for the remuneration of an employee who has temporarily performed work abroad, the employer may reduce it by 30% of the value of the daily allowances. However, there are many conditions for benefitting of this exemption. It is worth knowing them in order not to expose oneself to inconveniences of the Tax Office.

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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.

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The “return relief” constitutes one of the novelties introduced as part of the Polish Order. The aim of this institution is to encourage people living abroad to return to Poland. However, benefitting from the relief is subject to many conditions. Consequently, not every person who will want to become a tax resident in Poland will be able to take advantage of the exemption.

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News

2024July

BETRIEBSNUMMER

Employers paying social security contributions on workers’ wages in Germany are required to have a Betriebsnummer. The obligation in question is incumbent on both German and foreign employers. Therefore, Polish employers wishing to engage workers for whom social security contributions will be paid in Germany are also obliged to have a Betriebsnummer.

2024June

KINDERBIJSLAG

Persons who perform work in the Netherlands can benefit from various allowances granted by the government of this country. The Kinderbijslag child benefit constitutes one of such co-financing. In this article, we explain what Kinderbijslag is, as well as we present other important issues related to this topic.

2024June

SHORT-TERM AND LONG-TERM POSTING

Taking into account the length of posting, the legislation allows to distinguish two types of secondment: short-term posting and long-term one. The provisions attach different legal consequences to each of the indicated types of secondment. For this reason, it’s extremely important to understand the difference between short-term posting and long-term one.

2024May

BUAK

Germany isn’t the only country with a holiday pay fund. A similar institution operates in Austria. Its purpose is to protect the interests and holiday rights of workers in the construction sector. Due to the fact that both employees directly hired in Austria and those posted to this country are subject to the building fund, we will tell you how the Austrian holiday pay fund functions and what claims workers are entitled to.

2024May

ZORGTOESLAG

Persons living and working in the Netherlands are obliged to have health insurance in this country and to pay the appropriate contributions. If income obtained is low, it’s possible to apply for a special allowance to reduce the costs of paying for such insurance. This is the Zorgtoeslag health care allowance which constitutes the subject of our article.

2024April

DECLARATION OF POSTING TO AUSTRIA

A foreign employer sending employees to work in Austria is obliged to notify this fact to the appropriate Austrian authorities. Failure to comply with this obligation constitutes a violation of the law and may result in very serious consequences.

2024April

AMENDMENT OF THE PROVISIONS CONCERNING BTP CARDS

Every construction industry employee seconded to work in France should have the BTP Card. This document constitutes a proof of professional identity. It is also intended to counteract illegal employment in the construction industry. On 1 April 2024, a major change to the provisions concerning BTP Cards came into force. Below we will briefly explain its most important assumptions.

2024March

PIT/ZG ANNEX

A Polish tax resident is obliged to settle in Poland on all his/her income/revenue, regardles of the location of the sources of revenue. This means that the tax payer should also include income/revenue obtained abroad in the annual return. The PIT/ZG annex “Information on the amount of income/revenue from abroad and tax paid for the tax year” will be helpful in fulfilling this obligation.

2024March

TAXATION OF DIVIDENDS PAID TO A NON-RESIDENT INDIVIDUAL

Revenue from dividends paid to partners/stockholders who are individuals is subject to personal income tax. The rules for the taxation of dividends paid to Polish tax residents dont’rise doubt. On the other hand, many questions arise in the event that the dividend is to be paid to a person without tax residence in Poland.

2024February

DECLARATION ON ENTRUSTING WORK

The legislator has provided for a special procedure for the regularisation of work in the territory of the Republic of Poland, applying for citizens of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova and Ukraine. An employer who wants to engage a citizen of one of the above-mentioned countries may submit a declaration on entrusting work to the Labour Office. This procedure allows a quick legalisation of foreigner’s work in Poland.

2024February

PAY TRANSPARENCY DIRECTIVE

Equal pay for women and men, as well as pay transparency, constitute topics that have been appearing in social dialogue for a long time. Due to their importance, they are also of interest to the legislator, including the EU legislator. This interest resulted in the issuance of an extremely important legal act – the Pay Transparency Directive.

2024January

HOW TO LEGALISE THE WORK OF A THIRD-COUNTRY NATIONAL IN POLAND?

Hiring Indian nationals is becoming increasingly popular with employers. The rules on legalisation of work of third-country nationals, i.e. nationals of States outside the European Union, the European Economic Area and Switzerland, apply to the regularisation of their work in Poland.

Company Advice

2024
July

BETRIEBSNUMMER

Employers paying social security contributions on workers’ wages in Germany are required to have a Betriebsnummer. The obligation in question is incumbent on both German and foreign employers. Therefore, Polish employers wishing to engage workers for whom social security contributions will be paid in Germany are also obliged to have a Betriebsnummer.

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Magdalena Grygorowicz

Managing Director

Head of the HR and Payroll Department

Head of the HR and Payroll Department

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