Obtaining the permit for investing in the SEZ – The procedure
The main stages of the procedure of applying for a permit to operate in the SEZ and to purchase/lease the real property in the SEZ are:
1) the investor’s letter of intent to the administrator of the SEZ, defining the parameters of the investment in the selected location;
2) submitting the offer, together with the business plan;
3) obtaining a permit to operate in the SEZ by way of a tender or negotiations;
4) purchasing or leasing real property in the SEZ. According to polish law, this permit is a base for being beneficiary of state aid provided.
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Conditions of investing in the Polish Special Economic Zones – The conditions: the minimum contribution of the investor – 100.000 EUR and long-term investment
Within the SEZ the investor can undertake production and render services (including logistics and informatics outsourcing, R&D, new technologies, accounting, call centers, etc.). In order to start the investment in the SEZs the investor is required to obtain the permit from the administrator of the SEZ. The permit is issued taking into account such criteria as the sustainability of the investment, the value of the investment of minimum 100.000 EUR, maintaining the investment for not less than 5 years and the creation of new jobs for at least three years (in case of SMEs). Particular requirements are establish in administrator’s ordinances.
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Polish Special Economic Zones in the ranking of the top 50 SEZs prepared by fDi Magazine of the Financial Times.
Foreign investment in the Polish SEZ provides the investor with a partial tax exemption and Poland 10 EU The Foreign 2 guarantees that the intended purpose of the real property acquired or leased for investment is commercial and industrial one.
Special Economic Zone in Katowice (in southwestern Poland) has leading position in the ranking of the top 50 special economic zones in the world. What is more, it has been recognized as the Regional Winner for in Europe, Sub-regional Winner in central-eastern Europe, highly commended in Europe for Large Tenants Awards and SME Awards in fDi Global Free Zones of the Year 2016. SEZs in Poland are areas of special economic and tax status for investors (currently – 16.000 hectares). Businesses investing in the SEZ may benefit from state aid in the form of a partial income tax emption.
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The tax system: – Income tax and VAT entity engaged in the economic activity is obliged to pay income tax. For individuals, it is personal income tax. For other entities, it is the corporate income tax, which is to be settled according to a valid tax scale or as a flat tax rate of 19% (standard rate). VAT tax in Poland in most cases amounts to 23% (the basic VAT rate). A reduced rate (8%, 5% or 0%) is applied in cases strictly indicated by the statute. The statute also provides for VAT exemptions (e.g. in cases when the volume of sale does not exceed the amount specified in the statute). In cases of doubt as to the obligation of tax payment in a particular situation, the entrepreneur may address a competent tax authority with the request to issue the individual tax interpretation which is released on behalf of Ministry of Finance and is subsequently binding for this entrepreneur .
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Freedom of doing business in Poland and exceptions (licences, concessions and permits) – EU entities do business in Poland on the same terms as Polish entities entities, the Member States of EFTA belonging to the EEA (Iceland, Liechtenstein and Norway) and Switzerland may take up and carry out business activity on the same condition as Polish nationals.
Polish economy is part of the EU internal market and the Polish legislation is compatible with the EU law. The core of the Polish law governing the economic activity is the Polish Act on Freedom of Economic Activity of 2 July 2004.
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