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Tax adviser in Hamburg/Who we work for/Polish businesses in Germany

Advice in Polish · Construction services · Posted workers

Polish businesses in Germany

Polish businesses working in Germany almost always run into the same three questions: do I have to register for VAT here, does a permanent es­tab­lish­ment arise, and where are my employees insured? The practice discusses this in Polish.

Services for this group

Our focus

Sectors in this group

  • Building contractors
  • Skilled trades
  • Haulage companies
  • Import and export businesses

VAT reg­is­tra­tion in Germany

When it is required, when the reverse charge removes the need, and how the procedure runs at the responsible tax office. For businesses from Poland, the responsible offices nationwide are those in Hameln, Cottbus, Oranienburg and Nördlingen.

Con­struc­tion services under § 13b UStG

The most common case for subcontractors on site. The invoice goes out without VAT and the German customer accounts for it (reverse charge).

Permanent es­tab­lish­ment or not

Under the double tax treaty a building site becomes a permanent establishment after a set period. From then on Germany taxes the profit. Income taxes and VAT use different tests for this.

Posting, A1 and the minimum wage

Which certificates have to be carried, which wage has to be paid and what customs officers ask to see during a site inspection.

German payroll

For employees who become liable to German payroll tax, including registration with the health insurance fund and the tax office.

The Germany-Poland double tax treaty

So that the same profit and the same wage are not taxed in both countries.

Common questions

Questions we hear often

Do I have to register for VAT in Germany?

Not in every case. For pure construction services to German businesses, the VAT liability shifts to the customer. For supplies to private customers, or from your own warehouse in Germany (consignment stock), the position is different.

From when do I have a permanent es­tab­lish­ment?

For a building site, under the treaty with Poland, after twelve months. Several related contracts at the same location can be added together. Under German domestic law, a permanent establishment arises after only six months.

Which language does the work happen in?

In Polish, if you prefer. Correspondence with the tax office naturally stays in German, and we translate it for you.

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Let us get to know each other

Write briefly what the matter is. The questionnaire takes a few minutes and your answers go straight to Marek Hejzel. We then arrange a first meeting, at the practice or by phone.

Kanzleischild an der Schloßstraße 108 in Hamburg Wandsbek
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