Publication date: 11.07.2024
Legal basis of individual entrepreneurship in Poland
Introduction.
Individual entrepreneurship is a popular form of business in Poland, especially among foreigners, including Ukrainians. Due to the simple registration procedure and relatively low requirements, this form of business attracts many entrepreneurs.
The topic "Legal basis of individual entrepreneurship in Poland" is extremely relevant for Ukrainians who want to start a business in this country. Here is a rationale for the topic based on specific examples of solving problems of Ukrainians in Poland:
1. Choosing a form of activity:
Example: Olena, a hairdresser from Ukraine, could not decide which form of business to choose in Poland.
Solution: After consulting with a lawyer, Olena chose the jednoosobowa działalność gospodarcza (JDG) form, which allowed her to minimize initial costs and simplify accounting.
2. Registration of activities:
Example: Andrzej, a programmer, faced a language barrier when registering a sole proprietorship through the CEIDG system.
Solution: Andriy used the services of a specialized agency that helped him fill out all the necessary forms in Polish and successfully register his business.
3. Tax obligations:
Example: Maria, a freelance designer, did not understand what form of taxation to choose for her business.
Solution: After consulting with an accountant, Maria chose the linear tax (19%), which turned out to be optimal for her income level and the specifics of her work.
4. Social insurance:
Example: Igor, who opened a small coffee shop, was shocked by the amount of contributions to ZUS.
Solution: Igor found out about the possibility of paying reduced contributions during the first 24 months of operation (ulga na start), which allowed him to significantly reduce the financial burden at the initial stage.
5. Licensing and permits:
Example: Natalia was planning to open a private kindergarten, but was unaware of the necessary permits.
Solution: Natalia contacted the local education department, where she received a complete list of documents and permits required to legally open a preschool.
6. Labor legislation:
Example: Vasyl, the owner of a small construction company, did not know how to properly formalize labor relations with his employees.
Solution: Vasyl took a short course on Polish labor law and learned how to properly draft employment contracts, taking into account all the requirements of Polish law.
7. Protection of consumer rights:
Example: Oksana, the owner of an online clothing store, received a complaint from a customer regarding the return of goods.
Solution: Oksana studied Polish consumer protection law and made appropriate changes to her return policy, which helped avoid further conflicts.
8. E-commerce:
Example: Serhiy, who sold Ukrainian souvenirs online, was unaware of the requirements for online stores in Poland.
Solution: Serhiy contacted an IT lawyer who helped him bring his website in line with Polish requirements, including a privacy policy and terms of use.
9. Intellectual property:
Example: Tatiana, who had created a unique methodology for teaching foreign languages, was afraid that her idea might be stolen.
Solution: Tatiana registered her methodology as a trademark with the Polish Patent Office, which provided her with legal protection.
10. Resolving commercial disputes:
Example: Mykhailo, a car service owner, was faced with an insolvent client who refused to pay for services.
Solution: Mikhail appealed to the Polish Small Claims Court (sąd dla spraw drobnych), where he was able to resolve the dispute quickly and without significant costs in his favor.
These examples demonstrate how an understanding of the legal framework of individual entrepreneurship in Poland helps Ukrainians successfully solve specific business problems. In-depth knowledge of this topic allows entrepreneurs to make informed decisions, avoid potential legal problems and effectively develop their business in the Polish legal field.
In this article, we will review the main legal aspects of individual entrepreneurship in Poland and provide specific examples of problem solving for clients.
Legal basis of individual entrepreneurship
Individual entrepreneurship in Poland is regulated by the Act on Freedom of Economic Activity. The main requirements for registration include:
- Age and legal capacity: The entrepreneur must be an adult and have full legal capacity.
- Place of residence: The entrepreneur must have a place of residence in Poland or an EU country.
- Registration in CEIDG: The Central Register and Information on Economic Activities (CEIDG) is the main register for individual entrepreneurs.
Consultation with an attorney and a lawyer
Before starting a business, it is important to get professional advice from a lawyer or legal counsel. This will help to avoid possible legal mistakes and ensure proper compliance with the law.
Registration procedure
The procedure for registering an individual entrepreneurship includes several stages:
- Filling out anapplication: The application for registration is submitted electronically through the CEIDG portal.
- Choosing theform of taxation: The entrepreneur must choose the appropriate form of taxation that best suits his/her activities.
- Registration in ZUS: After registering with CEIDG, the entrepreneur must register with the ZUS for social security.
Analysis of documents and legal analysis of the situation
After submitting the application for registration, it is important to analyze the documents. This allows you to make sure that all documents are filled out correctly and meet the legal requirements. In addition, a legal analysis of the situation will help you identify possible legal risks and ways to avoid them.
Choosing a type of activity
When registering a business, you must specify an activity code in accordance with the Polish Classification of Economic Activities (PKD). This will help determine what services or goods the entrepreneur will provide.
Legal analysis of the situation and written advice
Choosing the right activity code is an important step, so it is recommended to conduct a legal analysis of the situation. This will allow you to determine the most appropriate code for a particular type of activity. Written legal advice may also be useful at this stage.
Taxation.
Individual entrepreneurs can choose from several forms of taxation:
- General taxation system: Progressive tax on personal income.
- Flatrate: A fixed tax on personal income that does not depend on the amount of income.
- Tax card: A fixed amount of tax per year that depends on the type of activity.
Verification of documents by a lawyer and legal analysis of documents
When choosing a form of taxation, it is important to have your documents reviewed by a lawyer and legal analysis of documents. This will help you choose the best taxation option and avoid possible mistakes.
Examples of solving problems for clients
Example 1: Registration of a business for a Ukrainian
A Ukrainian residing in Poland decided to start an individual business. He sought the advice of a lawyer to get recommendations on the registration procedure. The lawyer helped him fill out an application, choose the appropriate activity code and register with CEIDG.
Example 2: Choosing a form of taxation
An entrepreneur sought legal advice on choosing a form of taxation. The lawyer conducted a legal analysis of the situation and recommended choosing a flat rate, which allowed him to reduce the tax burden.
Example 3: Verification of documents
An entrepreneur decided to change the type of activity and sought written advice. The lawyer conducted a legal analysis of the situation and helped to fill out all the necessary documents to change the activity code in CEIDG.
Example 4: Legal opinion on a contract
An entrepreneur received an offer to enter into an agreement with a new partner. He sought a legal opinion from a lawyer who analyzed the terms of the agreement in detail and provided recommendations for changes.
Example 5: Online consultation
An entrepreneur who was unable to visit a lawyer's office in person used the online lawyer service. Thanks to the online lawyer, he received the necessary advice and assistance in preparing documents.
Conclusion.
Individual entrepreneurship in Poland is a profitable form of business for many foreigners. However, for a successful business, it is important to comply with all legal requirements and get professional help. Consulting a lawyer, legal advice, document analysis and legal analysis of the situation will help you avoid possible problems and ensure a successful start of your business.
For more detailed information and assistance in registering an individual entrepreneurship, please contact a legal opinion or a legal opinion of a lawyer. With professional support, you will be able to successfully implement your business plans in Poland.
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