Archiwa tax residence - Crede Experto

The certificate of tax residence constitutes a document to which the tax legislation attaches significant legal consequences. Indeed, the document in question confirms the tax residence of the taxpayer, and thus determines in which country the taxpayer is subject to unlimited tax liability.

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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.

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It isn’t uncommon for employees working in several countries to be requested to present a certificate of residence. This document indicates which country the worker is a tax resident of and where he/she is subject to unlimited tax liability.

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The method of accounting for tax on income received by foreigners in Poland depends on whether the person concerned has the status of the Polish tax resident. Foreigners with this status calculate such a tax in Poland under slightly different rules than non-residents.

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There’s no doubt that the COVID-19 pandemic has popularised remote work. However, it should be noted that even before the pandemic, this form of work was very popular in some industries, e.g. IT. Its unquestionable advantage constitutes the possibility for the employee to work at a place other than the employer’s head office or branch. The employee may also perform work from the territory of a country other than the State where the employer is established. Nevertheless, in this case, there are doubts that concern the taxation method applied to the remuneration of such a worker.

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When concluding a contract of mandate with a foreigner, it should be remembered that the general principles laid down in the provisions of Polish law don’t always apply to it. Some cases require the use of the appropriate lump sum and others will be taxed in the foreigner’s country of origin. Below we will try to present you the rules of taxation of mandate contracts concluded with foreign nationals.

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A Polish tax resident who obtained income in France under an employment contract must take into account the need to settle tax on that remuneration in France. This should be done using French tax rules specyfing, among others, tax rates, appropriate tax returns etc. Polish regulations don’t apply here.

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France constitutes one of the main destinations where Polish citizens go to work – both to work in a French company and as a part of a secondment. Unfortunately, they are very often unaware that receiving income in France is connected with the obligation to settle and pay tax in that country. This requires knowledge of the basic principles concerning the French tax system. Below, we will try to explain you this topic.

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News

2024October

WHAT IS A TAX RESIDENCE CERTIFICATE?

The certificate of tax residence constitutes a document to which the tax legislation attaches significant legal consequences. Indeed, the document in question confirms the tax residence of the taxpayer, and thus determines in which country the taxpayer is subject to unlimited tax liability.

2024September

FAMILIENBEIHILFE

According to social policy in Austria, a family with children constitutes the factor necessary for the functioning of society. Therefore, the provisions of Austrian law provide for various forms of support for families. One of them is the family allowance Familienbeihilfe which this article concerns.

2024September

PROTECTION OF WHISTLEBLOWERS

Recently, the protection of whistleblowers has become a very popular topic among employers. This is related to the entry info force on 25 September 2024 of the Act of 14 June 2024 (Official Journal of 2024, item 928, as amended), hereinafter referred to as the Act. The Act in question implements the provisions of the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law into the Polish legal order.

2024August

WHAT IS AOK?

As in Poland, health insurance coverage is mandatory in Germany. However, it should be noted that in Germany, there is no single nationwide health insurance fund applicable to all insured persons. AOK constitutes the most popular health insurance fund – both among Germans and foreigners.

2024August

TAXABLE PERMANENT ESTABLISHMENT

Entrepreneurs doing business in another country should take into account the fact that a taxable permanent establishment may be set up on the territory of that State. This results in a requirement to pay tax in the country where the permanent establishment was created on income earned there.

2024July

WHEN A FOREIGN DAILY ALLOWANCE SHALL BE PAID TO AN EMPLOYEE?

There is a common belief that employees sent to work abroad should always receive daily allowances which constitute reimbursement of food costs and certain expenses. This view is incorrect. Indeed, foreign daily allowances are only due to a strictly defined group of workers.

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.

Company Advice

2024
October

WHAT IS A TAX RESIDENCE CERTIFICATE?

The certificate of tax residence constitutes a document to which the tax legislation attaches significant legal consequences. Indeed, the document in question confirms the tax residence of the taxpayer, and thus determines in which country the taxpayer is subject to unlimited tax liability.

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Magdalena Grygorowicz

Managing Director

Head of the HR and Payroll Department

Head of the HR and Payroll Department

Crede Experto