Do Polish companies have to pay tax in the UK?

Table of Contents:

  1. When do Polish companies have to pay tax in the UK?
  2. What is the impact of double taxation treaties on UK tax issues?
  3. Consequences of paying taxes in the UK – obligations you must comply with
  4. Do Polish companies have to pay tax in the UK? – summary

With globalisation and increasing market integration, more and more Polish companies are looking abroad for new business opportunities. As one of the world’s largest economic centres, the UK has become an attractive destination for business expansion. At the same time, Polish entrepreneurs have many concerns and questions, particularly in relation to taxation. Do Polish companies operating in the UK have to pay taxes in this country? The answer is complex and depends on a number of factors that are worth analysing in more detail.

When do Polish companies have to pay tax in the UK?

It’s important to start with the concept of a „permanent establishment.” This concept serves as a starting point for answering whether Polish companies must pay tax in the United Kingdom.

Why is a permanent establishment important? Because if a company has a permanent establishment in the UK, such as a physical office, manufacturing plant or other business-related premises, it risks being considered a UK tax resident. If so, it would be subject to UK tax laws and would have to pay tax on income earned in the UK.

Another key factor in determining a Polish company’s UK tax liability is the type of income it generates. If a company generates income from the sale of products or services in the UK, there is a high probability that it will have to pay tax in this country.

How do double taxation treaties affect tax issues in the UK?

The greatest uncertainty arises where a Polish company operates in Poland, where it is registered, but also has the aforementioned 'permanent establishment’ in the UK. On the one hand, it is a Polish company, but on the other, it has to pay tax on income earned in the UK.

This is where the double tax treaties between Poland and the UK come into play. These treaties are a key element in the taxation of Polish companies in the UK. Thanks to these treaties, companies can avoid situations where they would have to pay tax in both countries on the same income.

These treaties set out the rules under which income is taxed, which can affect whether and how much tax a company pays in the UK. The treaties cover different types of income, such as income from property, dividends, interest or capital gains. This ensures that companies are taxed in accordance with international tax law and are not overcharged.

Consequences of paying taxes in the UK – obligations you must comply with

If a Polish company is required to pay tax in the UK, it must comply with the relevant tax rules. This usually means registering with HM Revenue and Customs (HMRC). Failure to comply with tax obligations may result in financial penalties or legal sanctions, which could affect the company’s reputation and stability.

Do Polish companies have to pay tax in the UK? – summary

The issue of whether Polish companies have to pay tax in the UK is complex and depends on many factors, including the nature of the business, the existence of a permanent establishment and the rules set out in double taxation treaties. These treaties are designed to ensure that taxation is fair and in accordance with international law.

Companies planning to expand into the UK market should carefully assess their tax position. Depending on the particular company, its circumstances and the nature of its business, the answer to the question of whether it is liable to UK tax may vary. It is therefore advisable to consult tax and international law experts to avoid tax misunderstandings and to ensure compliance with the applicable UK rules.

Katarzyna Brzostowska
Customer Relationship Manager

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