IP is the Polish equivalent of a way of doing business as a natural person-entrepreneur (an analogue of the Ukrainian sole proprietorship). Learn more about who can open an IP in Poland, what package of documents is required and the registration algorithm

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Many foreigners, and Ukrainians in particular, choose to open an IP in Poland, because this country has the most simplified organizational procedures, and most of them can be carried out remotely. We will tell you about the nuances of opening an IP in Poland: who is allowed to open an IP, what documents are required for this, and what you should pay attention to.

Are foreigners allowed to open an IP in Poland?

According to Polish laws, foreigners have the right to open an IP in Poland. But it is noted that in order to legally open an IP, a person must have the appropriate status in the form of Jednoosobowa sznegorodno gospodarcza.

What documents do foreigners need to open an IP in Poland?

• Karta stałego pobytu, visa for a Pole, karta dlugoterminowego rezydenta UE;

• Visa D23 POLAND.BUSINESS HARBOR;

• Karta czasowego pobytu on the basis of: business, family reunification, education, ze wzędów humanitariannych / pobyt tolerowany, refugee and additional protection;

• Availability of a valid card of a Pole. We remind you that the card itself does not allow you to stay in the country, but it allows you to open a special preferential visa, which allows you to open an individual enterprise.

It is also noted that according to the special law on assistance to citizens of Ukraine, Ukrainians have the right to open an IP in Poland regardless of the date of entry into the country.

Which foreigners are not allowed to open an IP in Poland?

In addition to the undocumented people mentioned in the previous list, individual citizens are also not allowed to open an IP:

• persons with a work visa;

• persons with a humanitarian visa;

• persons with a D23 visa without a POLAND.BUSINESS HARBOR prescription;

• to persons with Karta czasowego pobytu, which was issued under "other circumstances";

• persons with a Blue Card.

Importantly! Persons with Ukrainian citizenship are allowed to open an IP in Poland.

What types of activities are prohibited from opening an IP in Poland?

• Cultivation of a particular type of plant;

• Animal husbandry;

• Insurance;

• Fire fighting institutions;

• Trade union work;

• Sports clubs;

• Banking.

The process of registering an IP in Poland: details

In order to register an IP in Poland in the JDG form, it is not necessary to have a valid residence permit and to deposit the initial capital. But it should be remembered that state bodies can arrange appropriate inspections at the IP registration address. In order to avoid misunderstandings, it is important that the information provided earlier coincides with reality.

In order to open a legal business activity in Poland, it is necessary to register with the Central Registration and Information on Economic Activity - CEIDG. You can do this through the corresponding official website.

In order to register a company on this site, you must have a trusted profile or a qualified signature.

Trusted profile is a free tool for contacting government agencies. This profile can be set up by every person who has a PESEL number and full or limited legal capacity.

A qualified signature is a paid electronic signature that has the same legal force as your own physical signature. It can be used to sign any official document.

Registration in CEIDG: instructions

To register with CEIDG, you must fill out the form without errors with the appropriate data:

• First and last name. For registration, it is necessary to specify the name and surname under which the IP will work. Do not forget about the order: first you need to enter the first name, then the last name. You can also add other information, such as a nickname or a profile description of your future business. Importantly! One natural person can have only one record in CEIDG. It is not allowed to have multiple IPs registered for one person, but it is possible to conduct different types of business under one record.

• Address. You have the right to conduct your business anywhere, in an office, co-working space, in your own home or without a fixed address at all. It is noted that you must also have legal title to each property whose address you report to CEIDG. This right can be:

- ownership or joint ownership of real estate or residential premises;

- the right to perpetual use of the land simultaneously with the ownership of the building;

- premises or building taken on rent;

- premises or building taken on credit.

• PKD code. Every entrepreneur who registers an IP in Poland must issue a so-called PKD code, which is recorded in the Polish Classification of Activities. It is necessary to choose a single code that will correspond to the chosen type of activity and any number of secondary codes. To facilitate this task, it is better to use the search system for PKD codes.

• Business license or permit. Usually, entrepreneurs do not need any business permits. But there are appropriate types of activities for which you need to have professional qualifications, special equipment and premises. It is also noted that for some enterprises, there is a need to obtain a work permit from the relevant state institutions. In such cases, a license, concession, permit or entry in the register of regulatory activities may be required. You can apply for these documents after registering the company.

• Forms of taxation. It is necessary to choose one of the forms of income taxation:

- on general grounds, a progressive scale of 12%/32% — general principles (według skali podatkowej);

- flat, linear scale (flat tax) — podatek liniowy;

- simplified form — ryczałt od przychodów ewidencjonowanych;

- tax card, fixed rate — karta podatkowa.

Please note that starting in 2022, only those who used it in 2021 can choose the "tax card" form.

• Payment of VAT. Every entrepreneur is obliged to register as a VAT payer. Exemption from registration is considered to be those cases when:

- sales do not exceed the limit of PLN 200,000 per year;

- sale of goods and services that are exempt from VAT.

• Records and accounting. Every entrepreneur is obliged to keep accounting, which includes invoices, invoices, and relevant records. Only those firms that have chosen a tax card as a form of income taxation are exempt from these procedures. In this case, the amount of taxes for the year is determined by the head of the relevant tax inspection. Other entrepreneurs are allowed to keep accounts in the following forms:

- simplified: book of tax income and expenses or records of one-time income;

- complete: accounting book.

• Bank account. When filling out an application at CEIDG, you must specify the bank account number that the company will use in the future. A bank account is an important detail of opening an IP, because there are a number of rules that prevent an entrepreneur from paying in cash:

- another entrepreneur is a party to the agreement;

- the one-time value of the transaction exceeds the equivalent of PLN 15,000, regardless of the number of payments received.

• ZUS contributions. From 2023, all taxpayers must be registered in the PUE ZUS system. Each entrepreneur must pay the appropriate contributions to ZUS for:

- social insurance, which includes: pension insurance, accident and disability insurance, voluntary sickness insurance;

- Labor Fund and Solidarity Fund;

- Medical Insurance.

It is also noted that Poland provides certain benefits for start-up entrepreneurs. The Ulga na start benefit, which exempts from the payment of contributions to the Labor Fund and the Solidarity Fund, as well as to social and health insurance, can be used by companies that are just starting their activities and those that have closed their previous activities at least 60 months before.

Is it possible to conduct unregistered activities in Poland?

If the income from the business is not expected to be large, you have the right not to register your activity as an enterprise. This will be possible only under the following circumstances:

• the expected income from the activity will not exceed 50% of the minimum wage in Poland;

• you are a natural person;

• you do not act as part of a civil partnership;

• you are not engaged in regular activities;

• you have not engaged in entrepreneurial activity in the last 60 months.

Free consultation on opening an IP in Poland: where to go

• Company registration or duties of an entrepreneur: by phone 801 055 088 or 22 765 67 32, from Monday to Friday, 07:00 - 17:00;

• Taxes: by phone 801 055 055 or 22 330 03 30, from Monday to Friday, 07:00 - 18:00;

• Social insurance and ZUS contributions: 22 560 16 00, from Monday to Friday, 07:00 - 18:00.

We will remind you! Previously, we talked about how to set up an account on the Polish e-services platform PUE ZUS. You can get acquainted with the detailed instructions by following the link.