Inheritance Tax in Poland

beliallThreads: 1 Posts: 36 Joined: Feb 5, 10 ♂	Jan 18, 12, 22:23 #31
Just open an offshore company or a trust in say the seychelles, get a bank account opened as well, deposit the money in the trust and draw it across gradually and No questions asked.

hythornThreads: 6 Posts: 843 Joined: Feb 21, 08 ♂	Jan 18, 12, 23:27 #32
what possible advantage would there be in opening an offshore account in this situation?

HarryThreads: 62 Posts: 8,508 Joined: May 2, 07 ♂ [Suspended]	Jan 19, 12, 00:43 #33
hythorn: what possible advantage would there be in opening an offshore account in this situation? None at all, or at least none for the original poster.

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Jan 21, 12, 16:03 #34

I have just been through this whole process with my father that died last year.

I inherited about £80,000 after my fathers house was sold and the monies were divided between my two sisters and myself.
Under Polish law I am liable to pay tax on that money if I bring it into Poland, as the house was sold within five years, if we kept the house for five years then sold it then wouldn't have to pay tax.
However, as with most things in life there is a loophool and that is if you use the money to pay off an exsisting mortgage then you are not liable for that tax.

But, and we are doing this right now, because I am married to my wife who is Polish - under Polish law this money is mine and not hers, so in the unlikely event that we were to get divorced they force you into a marrage contract. So I have to make a contact in front of a Polish notary who I pay 200zl to say that half of this money I give to my wife, if I do not do this I am still liable to tax on the inheritance.

So I am sorry but posters 7 is totally wrong as there is NO shared aggreement on inheritance between Poland and the UK.

HarryThreads: 62 Posts: 8,508 Joined: May 2, 07 ♂ [Suspended]	Jan 21, 12, 16:13 #35
^ Thanks for that ukpolska, looks like things have indeed changed since 12 years ago. Can I ask if you have a binding interpretation on this from a tax office, and if so, which tax office?

ukpolskaThreads: 51 Posts: 2,238 Joined: Oct 23, 06 MEMBER ♂	Jan 21, 12, 17:53 #36
Harry: Can I ask if you have a binding interpretation on this from a tax office, and if so, which tax office? Not really sure Harry as my wife dealt with all of the details, but I will try and find out. The Tax office we went through was the local one here in Pulawy.

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Jan 21, 12, 20:31 #37

That sounds more like capital gains tax than inheritance tax. Have to say I always thought that there was no iht payable if the deceased is not a polish tax resident and it may be worth you rechecking that with accountants or a proper lawyer as pulawy is just a small tax office and I'm no expert n that. You can still make a claim most likely if it was paid incorrectly. That said I presume you only paid tax of about 4000 quid and an accountant will cost you about 500 euro to write the appropriate letters.

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Edited by: ukpolska Jan 21, 12, 21:13 #38

cms:

That sounds more like capital gains tax than inheritance tax. Have to say I always thought that there was no iht payable if the deceased is not a polish tax resident and it may be worth you rechecking that with accountants or a proper lawyer as pulawy is just a small tax office and I'm no expert n that. You can still make a claim most likely if it was paid incorrectly. That said I presume you only paid tax of about 4000 quid and an accountant will cost you about 500 euro to write the appropriate letters.

lol Well your thoughts are 100% wrong and nice presumptions about the tax office in Puławy, as it serves 300,000 people of the Puławski District - nice to see that the traditional stereotypes of this area being Poland B are still being kept up :-)
Always makes me laugh when I hear this...
P.S. Have you ever ventured to Poland B? Harry has and he cannot get enough of the beer :)

cms:

I'm no expert n that

True ;-)

As I said we have been through all of the process and paid no Tax as we have found a loophole that was told to us by the Tax office in Lublin and the Tax office in Puławy in that paying off part of my morgage excepts us from tax.

cms:

You can still make a claim most likely if it was paid incorrectly.

It wasn't and the issue is all done and dusted ;-)

cms:

That said I presume you only paid tax of about 4000 quid and an accountant will cost you about 500 euro to write the appropriate letters.

Sorry, but you really should concentrate my friend, I PAID NO TAX :-)

ukpolskaThreads: 51 Posts: 2,238 Joined: Oct 23, 06 MEMBER ♂	Jan 21, 12, 21:27 #39
Harry: Can I ask if you have a binding interpretation on this from a tax office, and if so, which tax office? Here you are Harry, it is in Polish but it shouldn't be an issue I guess http://www.is.lublin.pl/index.php?id=473

cmsThreads: 6 Posts: 201 Joined: Sep 4, 09 ♂	Jan 22, 12, 09:05 #40
Fair enough. Seems you are more up to date than me. Yes I've been to pulawy, but in 2001. Must make a return trip !

ukpolskaThreads: 51 Posts: 2,238 Joined: Oct 23, 06 MEMBER ♂	Jan 22, 12, 12:42 #41
cms: Yes I've been to pulawy, but in 2001. Must make a return trip ! You should have seen it back in the 1990's as so much has changed since then :)

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Jan 23, 12, 23:51 #42

This is what I said :

The mutual agreement between Poland and UK about the avoidance of double taxation does not pertain the inheritance tax .

You said something like that :

ukpolska:

So I am sorry but posters 7 is totally wrong as there is NO shared aggreement on inheritance between Poland and the UK.

First thing I don`t fully understand what you wanted to say , in the first place . But I think you said exactly the same thing as I said

Second thing is the fact that you didnt pay taxes because a some mutual agreement exists between Poland and UK, but there is a provision in Polish tax system giving a possibility for some people who pay for their house ( mortgages etc ) to deduct money spend on such purposes , within a period of 2 years from the date of receiving the inheritance money . So , there are certain provisions in Polish Law that some people can use to avoid paying taxes , it happens in case of spending money on house mortgage or construction.
The OP havent said anything like investing his money on his house , thats why I have not mentioned about this possibility .
And also the important matter is that inherited money came from a sold house , because there are loopholes designed for house purchasing , renovation or construction where the Polish taxman is given more oportunities .

But I see that some posters who gave totally false and outdated information about our tax system were given more credit than me ,and you, ukpolska discredited me citing my post nb 7 - which contains true information - not noticing that I gave a detailed information about the tax issue questioned by OP , but only commenting that I was wrong - still don`t know whre I was wrong , I can only say that I will never give any legal information here on this forum , because it is not worth to help anyone for the price of being called a prostitute or someone like that for no reason or being called other slurs constantly by some wordy but ignorant people .

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Edited by: ukpolska Jan 24, 12, 10:01 #43

polmed:

First thing I don`t fully understand what you wanted to say , in the first place . But I think you said exactly the same thing as I said

Correct and I apologise for that as I misread it.

polmed:

But I see that some posters who gave totally false and outdated information about our tax system were given more credit than me

That is a touch oversensitive isn't it? Is this an ego thing for you?

polmed:

Harry: tax has already been paid in the UK, there is no tax liability in Poland.

No, you are wrong !!!! Don`t give false information if you dodn`t know anything about the Polish Tax Law !!!!!

I think your reaction here left you open for reprisals and the same reactionary response that you gave in the first place, if you had replied in a more civilized manner then maybe it would have turned our differently.

polmed:

I can only say that I will never give any legal information here on this forum , because it is not worth to help anyone for the price of being called a prostitute or someone like that for no reason or being called other slurs constantly by some wordy but ignorant people .

Sorry but I can only say that is a good decision, as after living here for 14 years I would say that Polish legal advice from 'Lawyers' which to be honest are no better than legal executives of which I wouldn't trust it at all is dire. I would advise anyone seeking legal advice to by all means go to a long established Lawyer with a proven record, but for gods sake check the information yourself as well to be sure of the information, after all it's not that hard.

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Jan 24, 12, 10:21 #44

I am sorry but you misunderstood the whole concept of this loophole .

ukpolska:

to say that half of this money I give to my wife, if I do not do this I am still liable to tax on the inheritance.

.

The notary act was signed to allow the whole money you pay on a morgage to be exempted from this tax . If you didn`t sign a notary act of increasing marital community of goods then you could only deduct half of the money you two pay on the mortgage - just your share of mortgage . The system assumes that each of spouses pays a half of the mortgage , so if you want to appropriate money on the mortgage you can do it on half of the mortgage . The other half is assumed to be paid by your wife , so you have to sign a notary act to let her use the inheritance money to appropriate it on her share of mortgage .

The whole concept of this this loophole ( one of few ) allows married couples to avoid paying inheritance taxes if they appropriate the inheritance money on their own house expeditures , which includes : mortgage, buying a house or a flat , constructing ,modernizing or renovating it . It is a way of promoting by the state the inverstment rather than consumption of inherited money .

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Edited by: ukpolska Jan 24, 12, 10:28 #45

polmed:

The notary act was signed to allow the whole money you pay on a morgage to be exempted from this tax . If you didn`t sign a notary act of increasing marital community of goods then you could only deduct half of the money you two pay on the mortgage - just your share of mortgage . The system assumes that each of spouses pays a half of the mortgage , so if you want to appropriate money on the mortgage you can do it on half of the mortgage . The other half is assumed to be paid by your wife , so you have to sign a notary act to let her use the inheritance money to appropriate it on her share of mortgage .

The whole concept of this this loophole ( one of few ) allows married couples to avoid paying inheritance taxes if they appropriate the inheritance money on their own house expeditures , which includes : mortgage, buying a house or a flat , constructing ,modernizing or renovating it . It is a way of promoting by the state the inverstment rather than consumption of inherited money .

We know this and you are adding nothing new. Also what I said was correct and not wrong information but told in layman's terms.

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Jan 24, 12, 10:37 #46

ukpolska:

if you had replied in a more civilized manner then maybe it would have turned our differently.

I would do it if it was another poster but these two ( you know who ) do not deserve civilized way of treatment.

ukpolska:

anyone seeking legal advice to by all means go to a long established Lawyer with a proven record, but for gods sake check the information yourself as well to be sure of the information, after all it's not that hard.

I recommend it too,There are different kinds of lawyers in Poland ( advocates - with the highest level of professionalism , then come solicitors and as last regular lawyers . I am an advocate and I was willing to help some people here on PF just because I like helping people and this idea makes me feel good ( it is my way of pro bono work ) , but since some posters are so hateful and insult me on every possible occasion I will not do it anymore .

polmedThreads: 2 Posts: 274 Joined: Sep 25, 11 ♀	Jan 24, 12, 10:47 #47
ukpolska: I said was correct and not wrong information but told in layman's terms. Agreed !

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Jan 24, 12, 10:48 #48

Fair enough, but don't give up if it makes you feel good as it is good to help people, my wife's cousin is an advocate but he will not advise me on the matters quoted above because in his words he knows very little about it as his specialisation is a completely different topic and he would hate to give me the wrong information.

Grow some backbone polmed as being an advocate I thought you would have had that anyway :)

Good luck to you.

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Jan 24, 12, 11:05 #49

ukpolska:

Good luck to you.

Thanks .

If you read some replies I get you would know how desesitsed I could bacome and only because I go through a similar rough way of court battles , lols , on daily basis I could handle this " nice " treatement here. But seriously I am a very assertive person with a very high self- esteem , I wouldn`t become an advocate otherwise .

Going back to the topic I would never give any advice if I was not 100% sure of its proper legal contents . Some advocates specialize in certain law branches , but tax and corporate law are my branches :).

southernThreads: 116 Posts: 10,955 Joined: May 17, 07 ♂	Jan 26, 12, 11:58 #50
Ukpolska seriously you need to pay polmed for her legal advice.

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Edited by: ukpolska Jan 26, 12, 12:10 #51

southern:

Ukpolska seriously you need to pay polmed for her legal advice.

Southern, seriously you need to learn to read and pay attention, as if you had taken the time to do so then you would have found out that we did all the process ourselves with the advice from the Tax office and personal research.

I posted here at the request of a PM by the OP to try and clear up some ambiguity as I have just been through the whole process myself.

Jezzzz...!!!

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