Investor’s handbook

  • Legal considerations of the investment process
  • Investor's Path
  • Financial instruments
  • Economic Activity Zones
  • Business Environment Institutions in the Tarnów Subregion
  • Local government units

The investment process is a series of activities related to the acquisition of land for investment, the commencement of construction works, commissioning facilities for use and launching a specific investment project: production, commercial or service activities.

The conditions of the investment process stem from a series of provisions, including:

  • Act of 27 April 2001 Environmental Protection Law - setting requirements for the provision of information on the environmental impact of the project
  • Act of 7 July 1994 Construction Law - defining when an investor is required to obtain a construction permit prior to commencing his investment and defining the investor's obligations in the construction process
  • Act of 2 July 2004 on freedom of economic activity
  • Act of 27 March 2003 on planning and spatial development - determines the allocation of land and the principles of their development
  • Act of 29 January 2004 Public Procurement Law - refers to public investments, including the technical infrastructure necessary for the realization or the proper functioning of new developments.

Starting and running a business in Poland are governed by the law, among others:

  • Constitution of the Republic of Poland of 2 April 1997
  • Act of 2 July 2004 on the freedom of economic activity
  • Act of 15 September 2000 Commercial Companies Code
  • Act of 23 April 1964 Civil Code
  • Act of 26 June 1974 Labor Code
  • Act of 20 August 1997 on the National Court Register
  • Act of 26 July 1991 on income tax on natural persons
  • Act of February 15, 1992 on corporate income tax

The investment process consists of two essential parts:

  • the selection of land for the investment and the preparation of the investment (preparation of a business plan, preparation of design documentation, obtaining a construction permit)
  • execution of the investment (carrying out a tender for the execution of construction works, construction and commissioning of works, starting a business activity).

Before the investment, investors should verify the purpose of the properties and their legal statuses. They should check whether the properties are covered by the local land use plan and whether the planned investment is in accordance with the intended purpose of the properties.

Prior to the development of a construction design, the development conditions for the investment site should be specified. They are determined by the local spatial development plan. If the properties are not covered by the local land use plan, the investors should apply for development conditions. When planning an investment, it is important to pay attention to whether the trees or shrubs on the property are not intended for preservation. It should also be verified whether any of the trees growing on the property have not been recognized as natural monuments.

The investor obtains a construction permit and can proceed with the construction works. After the completion of the works it is necessary to obtain a permit to use the building, which closes the investment process.

In Poland, economic activities can be carried out in the following forms:

  • trading companies, including:
  • capital companies (limited liability companies and joint stock companies);
  • partnerships (registered partnerships, professional partnerships, partnership limited by shares);
  • branches of foreign entrepreneurs;
  • representations of foreign entrepreneurs;
  • individual business activities (including civil law partnerships).

 

Limited liability company - is the most popular trading company in Poland. It can be formed by one or more partners. Its founders may be natural persons or legal persons, regardless of their nationality and place of residence. A limited liability company agreement must be in the form of a notarial deed. Unless otherwise stated in the company agreement, the profit allocated to the shareholders is divided according to the shares.

 Joint-stock company - one or more people may form the company. The shareholders hold certain shares that authorize them to receive a portion of the dividend. The dividend is the amount to be allocated to the shareholders.

 Registered partnership – is a partnership and can be created by natural and legal persons. Each shareholder is responsible for the obligations of the company with all its assets.

 Professional partnership – is a partnership formed by partners in order to pursue a professional career in a company. The partners in the company can only be qualified for the following professions: solicitor, apothecary, architect, building engineer, chartered accountant, insurance broker, tax advisor, securities broker, investment advisor, accountant, doctor, dentist, veterinary surgeon, notary, nurse, midwife, solicitor, patent attorney, property valuer and sworn translator.

 Limited partnership - can be created by at least two people. One person is responsible for the company's obligations only to the so-called amount of the limited partnership and the other is responsible for the obligations of the company with all its assets.

 Partnership limited by shares – is a partnership. It is designed for large family businesses. The profit is divided between the partners under the concluded agreement of the company.

Individual business activities – is run independently. The owner of the business runs the business and represents the company outside.

Civil law partnership -  can be created by at least two people. No registration of a civil law partnership is required.

In the case of choosing a commercial company, the registration is made at the National Court Register. Individual business activities and civil law partnerships should be registered in the Central Register of Business Information held by the Ministry of Economy - CEIDG.

New and existing entrepreneurs can apply for a variety of investment incentives, such as loans, EU grants, national grants, tax reliefs and exemptions.

  1. REAL ESTATE TAX EXEMPTIONS – the town of TARNÓW

The entrepreneurs in the city of Tarnow can benefit from real estate tax exemptions on the basis of three resolutions of the Town Council, having fulfilled the conditions resulting from their provisions.

The Council Resolution XI/116/2015 of 25 June 2015 on real estate tax exemptions for entrepreneurs creating new jobs in the municipality of Tarnów (de minimis aid). The exemptions from property tax on the basis of the aforementioned resolution may be benefitted from by the entrepreneurs who are taxpayers of real estate tax and who will create new jobs in the city of Tarnów.

The Council Resolution LIII/674/2014 of the Town Council of Tarnów of June 26, 2014 on real estate tax exemptions along with land with renovations of the facade or illuminations made (de minimis aid). The real estate tax exemptions on the basis of the aforementioned resolution may be benefitted from by the entrepreneurs who will renovate the facade or make illuminations of buildings forming part of the historic urban layout entered in the register of monuments by the decision of the Regional Conservator of Monuments in Tarnów, entry No. A-86 of 12 April 1976.

Council Resolution XI/117/2015 of the Town Council of 25 June 2015 on real estate tax exemptions constituting the regional investment aid. The real estate tax exemptions on the basis of the aforementioned resolution may be benefitted from by the entrepreneurs who will execute new investments and create new jobs connected with the investments on the areas designated in the resolution.

 

Contact:

Tarnów City Hall, Department of Taxation and Debt Collection, Nowa 4, telephone number +48 14 68 82 512

Tarnów City Hall, Department of Economic Development, Mickiewicza 6, telephone number +48 14 68 82 821

  1. REAL ESTATE TAX EXEMPTIONS – TUCHÓW ECONOMIC ACTIVITY ZONE

The property tax rate is set out in Resolution XXXIII/197/2016 of the Town Council of Tuchów of 30 November 2016

The rate of the real estate tax related to running a business located in the TEAZ area is:

  •          PLN 0.10 per 1 m2 of the land area
  •          PLN 10 per 1 m2 usable floor area of buildings or parts thereof

INSTITUTIONS GRANTING LOANS AND FINANCIAL SUPPORT TO ENTERPRISES -
TARNÓW, BRZESKO, DĄBROWA DISTRICTS

  • Tarnów Regional Development Agency S.A. deals with accepting applications for loans, formal and substantive analysis of applications and cooperation with financial institutions granting loans and credits. The TRDA S.A. offers:

- Loan Funds – the micro and small entrepreneurs registered and conducting business activity in the Małopolska Region can be beneficiaries of the loans. The loans are granted for start-ups, business development, investments and ongoing operations. They are up to PLN 100 thousand.

- Loans and Restructuring Funds – small and medium-sized entrepreneurs who are registered and have been in business for at least 6 months can be beneficiaries of the loans. The loans are granted for the creation of new jobs and for start-ups for former employees of the mining, metallurgy industries and the large chemical synthesis. They are up to PLN 250 thousand.

- Loan Fund "Reconstruction and Development" - loans for investments, two types:

  • Loans for micro, small and medium-sized entrepreneurs. Loans intended to cover investment expenses aimed at strengthening companies. The projects funded must be implemented in the Małopolska Region.
  • Loans for the SMEs who have suffered material losses at the place of disaster activity. Loans for investment developments in the Małopolska Region.

- Sureties - provide support to entrepreneurs in access to external financing in the form of bank loans and business loans. The aim is to provide financial assistance in the start-up, functioning and development of micro, small and medium-sized enterprises operating in the Małopolska Region and the districts adjacent to the Tarnów district.

Contact: Loan and Guarantee Fund Team, 66 Szujskiego, 33-100 Tarnów,  telephone number +48 14 623-55-18, http://www.tarr.tarnow.pl/

  • The Małopolska Regional Development Agency S.A. offers:

- Loans for micro, small and medium-sized companies from the Małopolska Region for a period of 60 months. Value: from PLN 10,000 to PLN 400,000, for purposes directly related to undertaking or developing a business.

- Małopolska Loan Fund, attractive interest-bearing loans for developing and running a business. The maximum amount of PLN 250 000.

- Start-up loans include start-up support and support for extra jobs. Loans for starting a company up to PLN 77,000, loans for employing an employee up to PLN 23,000.

Contact: Financial Instruments Department, 11 Kordylewskiego, 31-542 Krakow, telephone number +48 12 617 66 67, email: pozyczki@marr.pl, http://www.marr.pl/

  • The Małopolskie Center of Entrepreneurship offers support for micro, small and medium-sized enterprises pursuant to the Regional Programs of particular regions within several areas:

- Research projects and implementation of innovations. Co-financing for research and development, research infrastructure and innovation implementation can be obtained from the European Smart Development Program.

- Business development. The funds are mainly available in the form of loans. European funds offer support by giving a surety (guarantee of repayment) to the bank where the trader has been granted the loan.

- Computerization. The possibility to raise funds for the development of e-commerce, e-commerce portals or B2B solutions.

Main Information Point of European Funds in Krakow

72B Wielicka, 30-552 Krakow, telephone number +48 12 616 06 16, email: fem@umwm.pl, http://www.mcp.malopolska.pl

INCOME TAX EXEMPTIONS IN THE SPECIAL ECONOMIC ZONE - TARNÓW, ZAKLICZYN, DĄBROWA TARNOWSKA, TUCHÓW (selected plots)

The zone operates under the Special Economic Zones Act and will be operating until the end of 2026.

The special economic zone is intended for all companies in the traditional industry, except for state-licensed producers (e.g. alcohol, tobacco, steel).

The entrepreneurs investing in the SEZ may receive public aid in the form of income tax exemptions. It is a prerequisite to obtain a permit from the Krakow Technology Park for conducting business activity in the SEZ.

The amount of public aid varies according to the company size.
Small companies receive the highest level of public support, which is 55% in the Małopolska Region, medium-sized companies can count on 45%, large companies - 35%.

Income tax relief can be obtained by companies implementing new investment projects that meet two criteria at the same time: invest at least 100 thousand euro in the SEZ and their business activities are eligible for public aid, which is regulated in detail by the regulation on the Krakow Special Economic Zone.

There are two ways to calculate public aid:

  • for newly created jobs
  • for the entrepreneur's investment outlays in connection with the implementation of a new investment project.

More information can be found on the sites of the Tarnów Industrial Cluster S.A. and the Krakow Technology Park

(Polish) http://www.tkp.com.pl/specjalna-strefa-ekonomiczna

http://www.kpt.krakow.pl/specjalna-strefa-ekonomiczna/

(English) http://www.en.tkp.com.pl/specjalna-strefa-ekonomiczna

http://www.kpt.krakow.pl/en/special-economic-zone/

The tasks of business environment institutions include: supporting entrepreneurship, facilitating start-ups, helping entrepreneurs, promoting business and supporting development.

 

The Business Environment Institutions are mostly:

 

 

Institution name

Address data

Contact and website

Services offered

Tarnów Industrial Cluster S.A.

33-37 Słowackiego

33-100 Tarnów

Telephone number: +48 14 627 75 94

fax: +48 14 627 75 93

email: sekretariat@tkp.com.pl

http://www.tkp.com.pl/

- counselling

- comprehensive investor service

- analysis of the available sources of funding and the possibility of taking advantage of tax reliefs

- support in the investment process

Service recipients:

-        start-up businesses,

-        businesses

-        investors

Tarnów Regional Development Agency S.A.

66 Szujskiego

33-100 Tarnów

Telephone number: +48 14 621-34-50

email: tarr@tarr.tarnow.pl

http://www.tarr.tarnow.pl/

-        counselling

-        training services

-        developing proposals for the EU programs

-        real estate turnover

-        space rental

Service recipients:

-        entities starting businesses

-        businesses

-        natural persons

-        local government units

Chamber of Commerce and Industry in Tarnów

32/9 Słoneczna

33-100 Tarnów

Telephone number/fax +48 14 621 57 96

email:

iph@chamber-tarnow.com.pl

www.chamber-tarnow.com.pl

-        counselling

-        training services

-        approvals, certificates, permits

-        informative

Service recipients:

-        entities starting business

-        businesses

-        natural persons

Craft and Small and Medium-Sized Enterprises Chamber in Tarnów

32 Kochanowskiego

33-100 Tarnów

 

 

Telephone number +48 14 621 31 48

fax +48 14 621 57 69

email: rzemioslo@izbarzemieslnicza.tarnow.pl

http://izbarzemieslnicza.tarnow.pl/

-        counselling

-        training services

-        ISO implementation

-        organizing competitions

Service recipients:

-        entities starting business

-        natural persons

Chief Technical Organization

Federation of Scientific and Technical Societies

Council in Tarnów

Rynek 10

33-100 Tarnów

Telephone number/fax +48  14 630 01 72

emails: nottarnow@wp.pl   

http://tarnow-not.cba.pl/

-        advising on solutions that use renewable energy sources

-        energy-efficiency assessment of buildings

-        training services

Service recipients:

-        businesses

-        local government units

Brzesko Entrepreneurs Association

4 Puszkina

32-800 Brzesko

Telephone number +48 14 663 38 95

 

- an association of Brzesko entrepreneurs

- supporting small and medium-sized enterprises

- information activities

- training services

Craftsmen and Small and Medium-sized Businesses Guild in Brzesko

3 Ogrodowa

32-800 Brzesko

Telephone number +48 14 66 311 61

email: cechbrzesko@gmail.com

www.cech.brzesko.pl/

- giving advice and instruction to its members

- providing legal and tax advice to its members

Service recipients:

- members

Craftsmen and Small and Medium-sized Businesses Guild in Dąbrowa Tarnowska

Rynek 35

33-200 Dąbrowa Tarnowska

Telephone number +48 14 642 25 27

http://cechdt.pl/

- financial advisory services

- clearance of income and expense books, ZUS documentation

- organizing training conducted by the Labor Inspectorate

Service recipients:

- members

Małopolska Regional Development Agency S.A. - Enterprise Support Department

11 Kordylewskiego

31-542 Krakow

Telephone number +48 12 617-66-42

email: marr@marr.pl,biuro@marr.pl

- counselling for entrepreneurs and people conducting business activities

- improved service for the investor and exporter

- economic promotion

Krakow Technology Park Sp. z o. o.

60 Podole

30-394 Krakow

 

Telephone number +48 12 640 19 40

biuro@kpt.krakow.pl

http://www.kpt.krakow.pl/

- support for entrepreneurship development

- investment areas



Institution Name

Address data

Contact and website

Services offered

Tarnow Town Hall - Economic Development Department

6 Mickiewicza

33-100 Tarnów

Telephone number: +48 14 68 82 820

+48 14 68 82 821

email: a.batko@umt.tarnow.pl

www.tarnow.pl/

- analysis of the available sources of funding and the possibility of benefitting from tax reliefs

- support in the investment process

- counselling

- investor service

Service recipients:

- entities starting up businesses and SMEs

- investors

 

Brzesko Town Hall

51 Głowackiego

32-800 Brzesko

email: umbrzesko@brzesko.pl

telephone number +48 14 6863100

http://www.brzesko.pl/

- information support

- business consultancy

Service recipients:

- entities starting up businesses and SMEs

- investors

 

City Office in Dąbrowa Tarnowska

Rynek 34

33 -200 Dąbrowa Tarnowska

(14) 642-27-75 umdt@dabrowatar.pl 

www.dabrowatar.pl

- information support

- business consultancy

Service recipients:

- entities starting up businesses and SMEs

- investors

 

Marshal Office of the Małopolska Region -

Information point for the inhabitants of the town of Tarnów and the districts: Tarnów, Brzesko and Dąbrowa.

37 Wałowa

33-100 Tarnów

 

Telephone number +48 12 616 03 61

- information support on the conditions, criteria and procedures for awarding grants

- help in finding the right project

- help in project implementation

- organizing information meetings and trainings for beneficiaries

- free-of charge access to publications on European Funds

 

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