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dynow



Joined: 07 Nov 2006
Posts: 1033

PostPosted: Mon Nov 07, 2011 10:32 am    Post subject: Reply with quote

sparks wrote:

Quote:
No, just the ZUS increase. It made me consider on a monthly basis burning the place on Senatorska to the ground in a fit of rage (that's too many prepositional phrases). I recommend getting married Shake.


yeah, the ZUS increase truly is a kick in the pants. pulling another 500zl a month out of your pocket can be quite devastating to your monthly budget, that's for sure.

i guess on the bright side, it's a good thing we get the 2 year grace period at all.
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Silver305



Joined: 04 Nov 2011
Posts: 5

PostPosted: Mon Nov 07, 2011 11:08 am    Post subject: Reply with quote

maniak wrote:
But to the new guy, do you have a residency card? Or a work permit?

If not, you are working illegally.

Do you have a NIP number? Do you have national health care? If neither, then you are also (probably) working illegally.

There are a lot of assumptions here, the first being that I am a guy, which I assure you I am not!

Then there's the issue of the work permit where you suggest that my not having one makes me an illegal worker. Might I suggest you read the following - http://www.malopolska.uw.gov.pl/default.aspx?page=Work_permit_for_foreigner_work_in_Poland - and specifically the extract below:

Foreigners released from the obligation to have a work permit pursuant to the Regulation of the Minister of Labour and Social Policy of 30 August 2006 (Dz.U. [Journal of Laws] No. 156 Item 1116, as amended):
2. teachers of foreign languages who tutor in foreign languages, who perform work under international contracts and agreements to which the Republic of Poland is a party


As I stated earlier, I work under a US contract, thus according to the above, there is no need for me to have a work permit.

Over and out.
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lundjstuart



Joined: 01 Jul 2008
Posts: 211
Location: Warsaw, Poland

PostPosted: Mon Nov 07, 2011 11:51 am    Post subject: Reply with quote

Silver305 wrote:

Then there's the issue of the work permit where you suggest that my not having one makes me an illegal worker. Might I suggest you read the following - http://www.malopolska.uw.gov.pl/default.aspx?page=Work_permit_for_foreigner_work_in_Poland - and specifically the extract below:

Foreigners released from the obligation to have a work permit pursuant to the Regulation of the Minister of Labour and Social Policy of 30 August 2006 (Dz.U. [Journal of Laws] No. 156 Item 1116, as amended):
2. teachers of foreign languages who tutor in foreign languages, who perform work under international contracts and agreements to which the Republic of Poland is a party


As I stated earlier, I work under a US contract, thus according to the above, there is no need for me to have a work permit.

Over and out.



That means that you have to work for the government in a public school, then you're released from a work permit.
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maniak



Joined: 06 Feb 2008
Posts: 194

PostPosted: Mon Nov 07, 2011 2:16 pm    Post subject: Reply with quote

Silver, that statute is well known to all English teachers in Poland and it ONLY applies to individuals hired to work in PUBLIC (state) schools or universities. If you have a bonafide contract which has the stamp of the director of a public school (liceum, gimnazjum, anything) or the Ministry of Education, then I guess your ok.

But, Im gonna go ahead and guess that your lack of a simple answer such as "Yes, I have a work permit." means you DO NOT have a work permit?
Please answer if you have a NIP number or are enrolled in the national health care system (do you have any health care???)

Holy shit. I am not saying this to be meanspirited, this is the bare faced truth right here.

You are working illegally in Poland.

I'll even go one step further, do you even have a Schengen visa? I hope to god you do.

*I also noticed one thing, you mentioned you dont have to pay any taxes. I hope you mean Polish taxes by that, and not US, as you are fully required to declare your income to the IRS.

Holy shit.

Did IH seriously tell you this was how they wanted to do things? Or was this your idea?
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sparks



Joined: 20 Feb 2008
Posts: 509

PostPosted: Mon Nov 07, 2011 4:50 pm    Post subject: Reply with quote

Just to be picky... You don't actually have to PAY U.S. taxes, unless the dollar becomes, like, three to one on the zloty. The limit for last year was 91,000 dollars or so. You do have to file and claim your overseas income. Or, wait, that's only if you pay in the foreign country. Nevermind. Yeah, you should think about your taxes.
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maniak



Joined: 06 Feb 2008
Posts: 194

PostPosted: Mon Nov 07, 2011 5:31 pm    Post subject: Reply with quote

US contract = US taxes

Though I think thats the least of her problems right now...
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dynow



Joined: 07 Nov 2006
Posts: 1033

PostPosted: Mon Nov 07, 2011 5:37 pm    Post subject: Reply with quote

sparks wrote:

Quote:
You don't actually have to PAY U.S. taxes


but you still have to claim foreign income to the IRS regardless of how much. just an FYI.
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greggie



Joined: 07 Sep 2010
Posts: 31

PostPosted: Mon Nov 07, 2011 8:00 pm    Post subject: Reply with quote

Any of the IH North Schools or HI World employ you on an American Contract and dont pay tax or health insurance for you. Then when you go back to the UK,you eyes are opened when the Taxman asks where have you been for the last 3 years and gives you a tax-bill. Polish tax law is so figgety and hard to follow, but if you arent paying it here or anywhere else,its illegal i guess.
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maniak



Joined: 06 Feb 2008
Posts: 194

PostPosted: Mon Nov 07, 2011 8:11 pm    Post subject: Reply with quote

She is not earning any foreign income if she is hired under a US contract.

In fact I dont she is earning any declared income per se, it's probably all in cash with the contract stipulating some minimum and the rest as a "bonus".

However, I am quite interested how the contract works on the US side of things, i.e., state and federal taxes, medicare, if she actually gets paid the federally mandated minimum wage, and if its even legal to be paid in a foreign wage. I know that some countries forbid this. How the hell someone could believe they dont have to pay any taxes is right now beyond me, I mean if it were that simple wouldnt everybody on the planet be doing it? All Id have to do is open up an LLC in the states, sign a contract with anybody in PL, get paid in cash, and not declare anything to anybody. Youd probably get away with it for a few years.
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dynow



Joined: 07 Nov 2006
Posts: 1033

PostPosted: Mon Nov 07, 2011 9:11 pm    Post subject: Reply with quote

maniak wrote:

Quote:
I mean if it were that simple wouldnt everybody on the planet be doing it?


Rolling Eyes

I was watching an interview with Warren Buffet a few weeks back and he was saying that he paid around 16% taxes last year, about half of what a typical receptionist pays, and if he wanted to, he could easily avoid paying taxes entirely by playing the system. Luckily he's an advocate for the rich paying higher taxes than they currently are but my guess.....most of the rich like to hold on to as much of their money as possible which is why they all hire big shot CPE's to do their taxes in order to find all those little loopholes.

The IRS has a funny way of biting people in the a$$ when they least expect it so my advice for the OP if he wants to find out if they're doing it right......call the IRS and ask.
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spiral78



Joined: 05 Apr 2004
Posts: 9494
Location: On a Short Leash

PostPosted: Mon Nov 07, 2011 10:36 pm    Post subject: Reply with quote

Quote:
I work under a US contract for a US company which appoints me to IH Integra.


If this is the case, and you are earning income, it technically has to be reported to the US IRS.

Quote:
Any of the IH North Schools or HI World employ you on an American Contract and dont pay tax or health insurance for you. Then when you go back to the UK,you eyes are opened when the Taxman asks where have you been for the last 3 years and gives you a tax-bill. Polish tax law is so figgety and hard to follow, but if you arent paying it here or anywhere else,its illegal i guess.


As others have mentioned, the tax question is not actually the most important (riskiest) aspect of this. For the UK citizens mentioned above, at least they have an automatic right to live and work in the EU. As an American, you face an entirely different set of laws regarding even being IN the EU, never mind working:

on what kind of visa are you in Poland?

Assuming that you are (or soon will be) over 90 days in the Schengen zone, if you are without a work/residence visa, you are subject to deportation and bans. Any airport authority can (and quite likely will) pick up on this.

If your visa is not clearly posted in your passport, with a date stipulated, I'd definitely avoid visiting Germany at all, by bus, rail, or air. The German officials take overstays in the Schengen zone pretty seriously, and they do hit up trains and buses as well as airports for passport checks, I can assure you.
You run the same risk any time you cross a border, but the Germans are sticklers.

You need a document /visa/official card stating that you have permission to live in Poland from Polish authorities. Otherwise, you are illegal.

Google Schengen zone for the regulations for Americans in the EU.
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Master Shake



Joined: 03 Nov 2006
Posts: 958
Location: Itabashi, Tokyo, Japan

PostPosted: Mon Nov 07, 2011 10:53 pm    Post subject: Reply with quote

spiral78 wrote:

on what kind of visa are you in Poland?

Assuming that you are (or soon will be) over 90 days in the Schengen zone, if you are without a work/residence visa, you are subject to deportation and bans. Any airport authority can (and quite likely will) pick up on this.

If your visa is not clearly posted in your passport, with a date stipulated, I'd definitely avoid visiting Germany at all, by bus, rail, or air. The German officials take overstays in the Schengen zone pretty seriously, and they do hit up trains and buses as well as airports for passport checks, I can assure you.
You run the same risk any time you cross a border, but the Germans are sticklers.

You need a document /visa/official card stating that you have permission to live in Poland from Polish authorities. Otherwise, you are illegal.

Google Schengen zone for the regulations for Americans in the EU.


I keep hearing of this mythical '90-day rule' but I have yet to ever hear of any American caught breaking it.

As a matter of fact, I just came back from the Ukraine last week. My last stamp into PL was from 2009. I didn't show the border guards any kind of residency card, visa or work permit.

They stamped me back into Poland without a second glance.
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spiral78



Joined: 05 Apr 2004
Posts: 9494
Location: On a Short Leash

PostPosted: Mon Nov 07, 2011 11:33 pm    Post subject: Reply with quote

Master, good for you. I'm not trying to say that it's enforced 100% everywhere. We all know it's not.


However, I DO know of a few Americans who HAVE been caught - and deported/banned. I expect Ukraine might be a bit safer than, say, Germany or Austria.


It's really got a lot to do with luck and where you go/don't go.


The point is that, if you're TECHNICALLY ILLEGAL, there are risks. I don't think anyone can logically argue that there aren't.

If people choose to take the risks, fine of course - we are all adults here. But in this thread, it's very unclear if Silver has any idea that she may well be illegal and possibly subject to penalties if caught.

It's unfair for people to be misled into thinking that they are not breaking the law and therefore are not at risk, whether the info comes from an unscrupulous school or optimistic personal anecdotes.

If the school in question is recruiting thus: "hey, come on over - you'll be technically illegal on both the tax front and in terms of a visa, but you probably won't get caught" and people go for it, fair enough. But if the school are implying that it's all OK and then putting people at risk without their knowing it, it's NOT OK>
We don't know that this is what is happening in this case, but it does sound that way.

I've got legal work/residence permits for the EU, in a separate document to my passport. I never volunteer to show the permit document - I always wait until I'm asked (I give over only my passport automatically). I can assure you that I'm often asked for the documents that attest to my legal status - and I promise I don't look shady in the least:-)

And yes, I've been asked on bus, train, and at multiple airports. As have other people I know/know of.

(middle of the night, too many edits - hope I'm saying it clearly now!!)
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dynow



Joined: 07 Nov 2006
Posts: 1033

PostPosted: Tue Nov 08, 2011 10:40 am    Post subject: Reply with quote

spiral78 wrote:

Quote:
If this is the case, and you are earning income, it technically has to be reported to the US IRS.


it doesn't matter which case. if you are an american citizen, you have to report all foreign and domestic income to the IRS. it doesn't mean they are always entitled to take a bite out of it, but the income needs to be documented.
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spiral78



Joined: 05 Apr 2004
Posts: 9494
Location: On a Short Leash

PostPosted: Tue Nov 08, 2011 1:30 pm    Post subject: Reply with quote

Thanks, dynow. That's what I was trying to say in the middle of the night:-)

I work for both a European university and a US company (abroad). I must report both my Euro income AND my US income to the IRS. Heck, I even have to declare my foreign bank accounts, which have absolutely nothing to do with the US and are jointly owned by my European spouse. This annoys me!!

Whilst I do not pay taxes on my foregn income (somehow have never quite made it to the magic 80-90,000 mark Embarassed ) it is illegal to not report it.

Here on Dave's for a while we had a US IRS agent (ex) who was moving into teaching. He famously noted that taxes must be filed even by the likes of us, and I recall his famous warning that the IRS regularly fries small fish for infractions such as failure to file.
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