Clients who come to my law firm often ask me whether setting up a company in another country is always the better option? However, there are many factors that need to be carefully analysed before deciding to operate outside Poland. First, you need to find answers to questions such as: z What is involved in doing business in Germany if this is our target country? CIf I run my business in DE or another EU country, should I run it from Poland or set up a subsidiary, branch or separate company in Germany, the Czech Republic or Austria, in accordance with the administrative procedures and regulations of the country in which the services are to be provided?
The answers to these questions are neither simple, nor short. For as it happens in the legal worldyou know - it all depends. Indeed, there is no specific recipe for optimising your business to provide in this short post. However, in today's article I will try to answer the most frequently asked questions related to this topic.
So if you are thinking about running your business outside Poland, the knowledge in this blog post will certainly come in handy.
I invite you to read!
A word of introduction...
An overarching objective of the European Union is, among other things, to enable EU citizens to provide services in any EU country - regardless of where the business is registered. Entrepreneurs can perform their services in many EU countries and even outside the EU. With countries opening up to other economies and global competition, doing business in different countries - particularly EU countries - is no longer surprising.
On the other hand, however, each state seeks to maximise its own interests. This manifests itself primarily through the regulation of public levies in such a way as to get the most out of the 'EU cake' for themselves. Hence the need for knowledge of EU tax or insurance regulations in order to optimise business activities in various countries in the best possible way.
Can I operate abroad as a Polish company?
The answer is YES. But where the entrepreneur will pay taxes and insurance premiums - and whether at all - will depend on a number of factors. For example, the length of time he has been operating in the territory. It is worth discussing this issue with a cross-border lawyer to advise on which business model would be appropriate for your industry.
Doing business in Germany and VAT
As a general rule, services provided to taxpayers are taxed where the recipient of the service has its place of business. However, there are important exceptions to this for services:
- Transport,
- cultural,
- sports and education,
- restaurants,
- tourism,
- related to real estate.
Also, as a rule, services provided to non-taxable persons (individuals) are taxed at the place where the service provider is established. For example: if, as a Polish company, we provide a service from Poland to an individual in Germany, the place of taxation of the service will be Poland.
Doing business in Germany and income tax
With regard to income tax, the double taxation treaty that Poland has signed with the EU country in question should be used. It is in this agreement that disputed issues related to income tax are regulated.
The agreement with Germany, for example, stipulates that the profits of a company of one country are taxable only in that country. Unless, of course, the company operates in the other country through a permanent establishment located there. In such a situation, the entrepreneur will have to tax the profits of the activities carried out through the permanent establishment in the other country.
The agreement describes exactly what an establishment is, although this is not a closed enumeration. It will include, among others, a branch, an office, a construction site (if it lasts more than 12 months). A trader will also be acting through his tax permanent establishment in the territory of the other country if he employs an independent representative in that territory with the power to conclude contracts on behalf of the company.
Which is more profitable? A company in Poland or in Germany?
When considering setting up a business in another country, it is certainly necessary to take into account the regulations in force in the country concerned on the basis of which our company will be established. This includes administrative requirements as well as relevant requirements for permits, concessions or recognition of professional qualifications. In addition, significant differences may also relate to labour law and the employment of employees, as well as the already known tax and insurance issues.
It is therefore worth considering each option carefully - based on the company's realistic business intentions and objectives.
If you are considering doing business in another country, you are in business talks with foreign contractors, you would like to hire employees in another country and you do not know what requirements you need to meet - we would be happy to discuss all options with you and choose the right model for doing business abroad together.
Read also: Posting of workers abroad in 2022 and the situation of Ukrainians
