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Paying too much ZUS (social/health insurance)
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Master Shake



Joined: 03 Nov 2006
Posts: 1202
Location: Colorado, USA

PostPosted: Sat Oct 20, 2012 5:28 pm    Post subject: Paying too much ZUS (social/health insurance) Reply with quote

So the honeymoon is over.

My two years of 'preferred rate ZUS' (around 300-400zl/mo.) are up and my monthly payment has shot up to near 1000zl/mo.. This is a flat-rate, mandatory payment (so my accountant tells me) which is something like throwing money into a gaping black hole - I will recieve virtually no benefit from paying unless I pay into it for ump-teen years and retire here.

A couple ideas I've heard of:

1) I know some people who've closed their Polish company and opened a company in the UK to avoid paying this hefty sum. Perhaps this is do-able in other countries as well (e.g the USA by filing a DBA)?

2) I've also heard rhumors that you can re-open the Polish company again (under a new name, of course) and start fresh with two years of lower ZUS.

Any other ideas or explaination appreciated. Aside from the two long-shots above, people are basically telling me to just suck it up and pay. But it's worth a shot.
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sparks



Joined: 20 Feb 2008
Posts: 632

PostPosted: Sat Oct 20, 2012 10:45 pm    Post subject: Reply with quote

I think that the two year honeymoon is the average time that it takes an EFL teacher to FIND A WIFE !!!!!
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Sun Oct 21, 2012 11:25 pm    Post subject: Re: Paying too much ZUS (social/health insurance) Reply with quote

Master Shake wrote:
So the honeymoon is over.

My two years of 'preferred rate ZUS' (around 300-400zl/mo.) are up and my monthly payment has shot up to near 1000zl/mo.. This is a flat-rate, mandatory payment (so my accountant tells me) which is something like throwing money into a gaping black hole - I will recieve virtually no benefit from paying unless I pay into it for ump-teen years and retire here.

A couple ideas I've heard of:

1) I know some people who've closed their Polish company and opened a company in the UK to avoid paying this hefty sum. Perhaps this is do-able in other countries as well (e.g the USA by filing a DBA)?

2) I've also heard rhumors that you can re-open the Polish company again (under a new name, of course) and start fresh with two years of lower ZUS.

Any other ideas or explaination appreciated. Aside from the two long-shots above, people are basically telling me to just suck it up and pay. But it's worth a shot.


ain't that a bitch.

yeah, once the honeymoon stage is over and suddenly you're 700zl poorer every month, life in Poland for the freelance TEFL'er starts to look just a wee bit differently. Ain't it nice to know that some Zbyszek sitting on the 11th floor of some commie block is living for free thanks to your generous contribution to the Polish state? Gotta love socialism.
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simon_porter00



Joined: 09 Nov 2005
Posts: 505
Location: Warsaw, Poland

PostPosted: Mon Oct 22, 2012 8:03 am    Post subject: Reply with quote

hang on a second, another genuinely informative and helpful post from Dynow helping those who might be in the same situation maybe think about the avenues they have open to them. A nice helpful word to gently push someone in the right direction. An arm around the shoulder.


.....


Nope, another pointless, bitching post about Poland from someone who doesn't live here now which achieves nothing apart from reinforce the fact that you have absolutely nothing useful to say.

Well done that man.


Now the OP.
Yup, honeymoon is over, my honeymoon has been over since 2010 and in that time I've built a house, had a child, own two cars (although admittedly one of them is a bucket) AND I know that you earn more than me .... I'm sure you'll survive and not fall into the penniless existence scraping by in milk bars as some would have you believe.

Regarding the UK, this is (and this'll come as no surprise) a bit of a dodge as in order to have a company in the Uk and work in Poland (which is quite legal) you have to be resident in the UK for a minimum of 3 months. The reason why everyone does this UK company option is that HMRC (or whatever it's called now) is very lazy at checking and it transpires that 'residency' might just mean having a address in the UK. This is easy enough and if you go through one of the Polish companies willing to do this for you it'll cost you peanuts, although if you know anyone in the UK you could just as easily do it yourself.

The problem is if HMRC stops being lazy and discovers you (and the million other Poles) you might have a bill to pay in the UK.

The other issue is that it might involve a trip to the UK, which isn't part of the schengen, but that they do like investigating unusualities in people's passports. Jack had a bit of an issue with this and had to sweet talk his way back into the schengen and he had a KP at the time too.
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Master Shake



Joined: 03 Nov 2006
Posts: 1202
Location: Colorado, USA

PostPosted: Tue Oct 23, 2012 8:44 pm    Post subject: Reply with quote

I haven't been scoping out the best dumpsters in preparation for paying the higher ZUS. I'll manage just fine. But paying an additional 600-700zl a month for no benefit is something I'd like to avoid, if possible.

Does anyone working here in PL have a company based somewhere else? If so, what was involved in setting it up and how much tax do you pay?

I think it would make more sense for me to set up a business in the US as I actually go back there about once a year.
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Tue Oct 23, 2012 10:22 pm    Post subject: Reply with quote

[quote="simon_porter00]Nope, another pointless, bitching post about Poland from someone who doesn't live here now which achieves nothing apart from reinforce the fact that you have absolutely nothing useful to say. [/quote]

Par for the course. He was a miserable failure in Poland (look at all the posts about taking trams in winter, not being able to afford a car, living in a cramped apartment) and seems to believe that everyone is like that. He also has made it very clear that he didn't exactly marry into a...good family, shall we say. His bitterness is just oh-so-obvious.

Anyway, helpful post time -

Basically, the dodge involving Polish companies is a dangerous game to play. It's based upon an interpretation of the EU rules that say that you can only pay social insurance in one country at one time - so if you're paying social insurance contributions in the UK, it means you can't (legally) pay them in Poland and therefore you're exempt from paying the majority of ZUS (everything except healthcare).

It doesn't mean that you set up a business there - you still have your Polish business. There are ways to set up a business there too, but if you're caught, ZUS can legally hammer you for everything that you should have paid in Poland to that date. This latest dodge has you self employed in Poland, "working" for a UK company that sends you invoices from a different company - and they use the cash from you to "hire' you in the UK.

But before I go on - it's worth stressing that as long as there's an agreement between Poland and your new country of choice, you can transfer the ZUS contributions at a later date. It can add up, especially in countries where it's based upon years worked rather than money paid in.

[quote=Master Shake]I think it would make more sense for me to set up a business in the US as I actually go back there about once a year.[/quote]

Could be, depends on the amount of taxation. You could also open up an offshore company in - for instance - Delaware - and merely pay 19% dividends on your income every year to the Polish taxman.

The most efficient and legal method seems to be to open a limited liability company in a no-tax jurisdiction, use that to invoice schools, then pay the Polish taxman 19% in dividends. With this method, you need to be ultra-careful to keep proper records for the Polish taxman - every time you bring money from the company, you need to keep record so you can pay the tax at the end of the year. It may even be possible to open a Polish bank account for this purpose - you're in Warsaw, so it might just be possible.

But there may still be issues with residency - I don't know if Polish law will require you to open up a branch office in Poland and pay local taxes on top.

There is apparently a treaty with Cyprus that results in an effective 9.5% tax rate, but I'm not sure of the exact details.

EDIT : the Cyprus route is out as of the end of the year.
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Wed Oct 24, 2012 12:36 am    Post subject: Reply with quote

delphian-domine wrote:
[quote="simon_porter00]Nope, another pointless, bitching post about Poland from someone who doesn't live here now which achieves nothing apart from reinforce the fact that you have absolutely nothing useful to say.


He also has made it very clear that he didn't exactly marry into a...good family, shall we say. His bitterness is just oh-so-obvious.
[/quote]

yeah, i guess we all didn't go to Poland and find a sugar momma.....although, some of us Wink went there with one already in hand.....you don't really want me to delve into your story, now do you Delph?

Delphian-domine wrote:

Quote:
(look at all the posts about taking trams in winter, not being able to afford a car, living in a cramped apartment....


this guy still hasn't caught on to the fact that when he says things like this directed towards me, he simultaneously offends millions and millions of Poles living in Poland today......because they live in conditions exactly like the ones he just listed.

Delphian-domine wrote:

Quote:
Basically, the dodge involving Polish companies is a dangerous game to play. It's based upon an interpretation of the EU rules that say that you can only pay social insurance in one country at one time - so if you're paying social insurance contributions in the UK, it means you can't (legally) pay them in Poland and therefore you're exempt from paying the majority of ZUS (everything except healthcare).

It doesn't mean that you set up a business there - you still have your Polish business. There are ways to set up a business there too, but if you're caught, ZUS can legally hammer you for everything that you should have paid in Poland to that date. This latest dodge has you self employed in Poland, "working" for a UK company that sends you invoices from a different company - and they use the cash from you to "hire' you in the UK.

But before I go on - it's worth stressing that as long as there's an agreement between Poland and your new country of choice, you can transfer the ZUS contributions at a later date. It can add up, especially in countries where it's based upon years worked rather than money paid in.

[quote=Master Shake]I think it would make more sense for me to set up a business in the US as I actually go back there about once a year.


Could be, depends on the amount of taxation. You could also open up an offshore company in - for instance - Delaware - and merely pay 19% dividends on your income every year to the Polish taxman.

The most efficient and legal method seems to be to open a limited liability company in a no-tax jurisdiction, use that to invoice schools, then pay the Polish taxman 19% in dividends. With this method, you need to be ultra-careful to keep proper records for the Polish taxman - every time you bring money from the company, you need to keep record so you can pay the tax at the end of the year. It may even be possible to open a Polish bank account for this purpose - you're in Warsaw, so it might just be possible.

But there may still be issues with residency - I don't know if Polish law will require you to open up a branch office in Poland and pay local taxes on top.

There is apparently a treaty with Cyprus that results in an effective 9.5% tax rate, but I'm not sure of the exact details.

EDIT : the Cyprus route is out as of the end of the year.[/quote]

well there you have it, Shake! Rolling Eyes As with most solutions in Poland, the consensus is "kombinowac".

I'd say you're stuck feeding Zbyszek.

was that pointless enough for you, Porter? Very Happy
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Wed Oct 24, 2012 1:05 am    Post subject: Reply with quote

dynow wrote:
yeah, i guess we all didn't go to Poland and find a sugar momma.....although, some of us Wink went there with one already in hand.....you don't really want me to delve into your story, now do you Delph?


Would that be the story where I have a full umowa o prace, management responsibilities and a bunch of other benefits (including getting further education paid for and getting paid 12 months a year) in my 4th year in Poland? Sure, go ahead Smile I enjoy this story - it's what's on offer out there if only you try.

For everything you post about Poland, you can't escape the fact that you were trudging the streets of Wroclaw in the middle of winter because you weren't good enough to succeed. You've made a habit for ages now of posting all this misery, gloomy posts about Poland because *you* were stuck in such an existence.

Quote:
this guy still hasn't caught on to the fact that when he says things like this directed towards me, he simultaneously offends millions and millions of Poles living in Poland today......because they live in conditions exactly like the ones he just listed.


Except they had an excuse, particularly the old ones that you keep on abusing about living off "your" money. What's your excuse for miserably failing? Honestly, most Poles have cars these days, you know.

Quote:
well there you have it, Shake! Rolling Eyes As with most solutions in Poland, the consensus is "kombinowac".


Yawn. Tax optimisation is not "kombinowac" - it's no surprise you were stuck trudging snowy streets if you don't even understand tax planning and legal tax avoidance strategies.

Here's a hint - I can think of at least three ways that he could avoid paying the 1000zl entirely legally. I've also just been reading about a rather interesting method involving a Cypriot company and a Slovakian civil partnership, combined with Cypriot copyright laws. It's not "kombinowac", it's sensible tax planning. All of them require a bit of reading, sure - but nothing too difficult.

Quote:
I'd say you're stuck feeding Zbyszek.


You would say that, being someone who spent several years without ever earning much money or indeed doing much for himself in Poland.

Anyone who lives in Poland will understand what I mean when I say that dynow thinks that a nurse and a retired policeman are "middle class" in Poland.

Must admit, this forum is far better without the other suspect chipping into every thread with tales of how awful Poland is.
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simon_porter00



Joined: 09 Nov 2005
Posts: 505
Location: Warsaw, Poland

PostPosted: Wed Oct 24, 2012 4:35 am    Post subject: Reply with quote

dynow wrote:
was that pointless enough for you, Porter? Very Happy


Totally. Utterly. Completely. You have a talent - well done that man.
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Master Shake



Joined: 03 Nov 2006
Posts: 1202
Location: Colorado, USA

PostPosted: Wed Oct 24, 2012 9:09 am    Post subject: The devil's in the details Reply with quote

Delphian, if you have links to the relevant literature on this, I'd love to see them.

delphian-domine wrote:
But there may still be issues with residency - I don't know if Polish law will require you to open up a branch office in Poland and pay local taxes on top.


Well that's kind of the million-dollar question, isn't it? As a US citizen, I'm stuck filing for residency every year.

And immigration wants all these documents every time I file for a new karta pobytu (in addition to several others):

In case of conducting business activities:
� Notarial deed concerning the establishment of a company
� Current extract from the National Court Register (KRS)
� Balance sheet of the company
� CIT � 8 tax return for the previous year
� ZUS (Insurance Company) statement � collective and issued for particular names for the last month
� Employee payroll
� Certificate confirming that the company fulfills its tax liabilities towards the State Treasury issued by a relevant tax office
� Filled out statement about business activities carried out
� Work permit on the territory of the Republic of Poland for the period of stay on the basis of the permit or visa
� Extension of the work permit or the work permit on the territory of the Republic of Poland
� Documents confirming the amount of the costs of residence
� Employment contract /Contract of mandate or to perform specific task/ or other grounds of receiving remuneration; (e.g. resolution of the general meeting of shareholders about granting dividend or remuneration of the management board)
� PIT � 37 or 40 tax return for the foreigner, for the previous year
� Certificate about the fulfillment of tax liabilities towards the State Treasury by the foreigner, issued by relevant tax office
� Documents confirming health insurance or confirmation of covering health treatment costs on the territory of the Republic of Poland by the insurer

Believe me, getting this stuff together is no walk in the park. It's going to be a big part of my day today. It's time to reapply once again. Rolling Eyes

Anyway, what's so great about having a car in PL? I've never felt like I needed one, except when I changed flats. It seems like a whole lot of extra costs (fuel, maintenance, repairs, etc.) for little gain. The public transportation is pretty good in most Polish cities.
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Wed Oct 24, 2012 5:56 pm    Post subject: Re: The devil's in the details Reply with quote

Master Shake wrote:
Delphian, if you have links to the relevant literature on this, I'd love to see them.

delphian-domine wrote:
But there may still be issues with residency - I don't know if Polish law will require you to open up a branch office in Poland and pay local taxes on top.


Well that's kind of the million-dollar question, isn't it? As a US citizen, I'm stuck filing for residency every year.


I think the Karta Pobytu requirement is what will trip you up with the clever ways to avoid paying ZUS to be honest Sad With links - I'll try and dig some up for you tomorrow, I did find one that outlined the Cypriot-Slovakian tax scheme.

Quote:
And immigration wants all these documents every time I file for a new karta pobytu (in addition to several others):

Believe me, getting this stuff together is no walk in the park. It's going to be a big part of my day today. It's time to reapply once again. Rolling Eyes


Ouch. I've never understood why the EU and the US don't hammer out a deal to streamline the movement of genuine workers.

Quote:
Anyway, what's so great about having a car in PL? I've never felt like I needed one, except when I changed flats. It seems like a whole lot of extra costs (fuel, maintenance, repairs, etc.) for little gain. The public transportation is pretty good in most Polish cities.


I think it's more that our dear friend claimed that Poland was so poor that people had to walk rather than drive, which isn't true. I agree that there's little need for a car in the cities, though.
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Wed Oct 24, 2012 11:48 pm    Post subject: Reply with quote

delphian-domine wrote:


Here's a hint - I can think of at least three ways that he could avoid paying the 1000zl entirely legally.


and he's still waiting for at least one of them from you.

Shake wrote:



Quote:

Well that's kind of the million-dollar question, isn't it


indeed.


Shake wrote:

Quote:

Anyway, what's so great about having a car in PL?


In Wroclaw, having a car is an absolute nightmare and I would never have dealt with the a$$ ache of car ownership while living there, just not worth it for all reasons you just listed.
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Sat Oct 27, 2012 9:30 pm    Post subject: Reply with quote

dynow wrote:
delphian-domine wrote:


Here's a hint - I can think of at least three ways that he could avoid paying the 1000zl entirely legally.


and he's still waiting for at least one of them from you.


Some of us have things called "real life" to get on with. Then again, I'm not a "20 hours and home" TEFL'er who can't wait to run home to whine on the internet about how crap Poland is.

Quote:
In Wroclaw, having a car is an absolute nightmare and I would never have dealt with the a$$ ache of car ownership while living there, just not worth it for all reasons you just listed.


Hardly an "absolute nightmare". I've driven round Wroclaw countless times and never been stuck in anything that resembles "absolute nightmare". The worst was coming once from the Politechnika towards Skytower - and that took 30 minutes on a day when they were digging up the tramway and it was a beautiful day.

And yes, I've driven in Wroclaw at 3pm on a Friday as well as 9am on a Monday. I've even driven in Warsaw during rush hour - it's really not that bad, especially in the centre.

As for the "ass ache" of owning a car - what's so difficult about getting it serviced once a year, changing tyres twice a year and doing routine maintenance? It certainly more than makes up for not having to take public transport when it's snowing and freezing.
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hrvatski



Joined: 16 Nov 2008
Posts: 270

PostPosted: Sat Oct 27, 2012 10:29 pm    Post subject: Reply with quote

Simon - do you plan on going for Polish citizenship at any stage? Do 3 years married get you there?
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Sun Oct 28, 2012 12:51 am    Post subject: Reply with quote

delphian-domine wrote:
dynow wrote:
delphian-domine wrote:


Here's a hint - I can think of at least three ways that he could avoid paying the 1000zl entirely legally.


and he's still waiting for at least one of them from you.


Some of us have things called "real life" to get on with.


You have demonstrated plenty of spare time to post on this forum, as well as saying that you can already "think of at least three ways," so why not take an extra 15 seconds and provide Shake with just ONE? It is the whole point of the thread, is it not? Why would you intentionally withhold that information if it's precisely what Shake is looking for? Rolling Eyes

What a joker. You got caught bull$hitting, plain and simple.
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