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Tax havens in the world for Polish entrepreneurs Tax havens in the world for Polish entrepreneurs
Over a period of several months you have received many prestigious awards and accolades. Among them is the Business Guru award from the Business... Tax havens in the world for Polish entrepreneurs

Over a period of several months you have received many prestigious awards and accolades. Among them is the Business Guru award from the Business Link society and two Mentor of the Year awards selected in the ‘best of the best’ poll of the most widely read business guide. Another valuable prize is the Golden Dragon Enterprise for 2014.What makes you special? What makes you different?

I am very glad that I was recognized for my contribution to the development of entrepreneurship and business culture in Poland. The awards, which I received were a pleasant surprise for me and allowed me to understand that the direction that I have chosen is the correct one. I am glad that I can help people share their knowledge and experience. It gives me the energy to continue operating as well as selfdevelopment.
In September your latest book Tax Havens will be released . What inspired you to write a book on this topic?
In 2013, the idea of an original project came up, which was to help Polish businessmen in finding their place on the international markets such as England or the United States. They sought practical support in the expansion of their companies abroad. Together with Business Link, Institute of Business and the Superman Community, they created a special aid program for Polish entrepreneurs. It turned out that with the development of the Polish economy, the demand for this kind of knowledge is huge. The inspiration to write a book were the people for whom I conducted the training. I received  many signals from them that it’s worth writing such a book on this subject on the book market.
The subject of tax havens is quite a controversial one. Are not you afraid of being a recognized expert in this field?
(laugh) Why should I be afraid? Despite the controversy, this issue sparks interest and there is a large demand of knowledge in this field. During training I talk about trends in business, the pros and cons of expansion into international markets, as well as the mentality and business culture in other countries. I wish to stress that training is carried out as a team. Lawyers accompany me in the scope of commercial law, international law and tax. They support substantive discussion and jointly respond to the most pressing questions of training participants .
Which country, would you point to as the biggest tax haven for Polish entrepreneurs? The answer to this question is not clear. The most popular markets, chosen by Polish entrepreneurs  is America, Britain and the Middle East. This is due to the potential om terms of dynamics and the economic stability of these countries.
Do you think that benefitting from “tax havens” entails risks?
It depends. Most tax havens are countries with well-established political and economic position in the world with a high GDP per capita. Among them are large European countries such as Sweden, the United Kingdom, Ireland and much smaller ones such as Vatican City, Monaco or Luxembourg.
Are there ways to avoid paying high taxes?
Taxes form the lion’s share of operating costs for businesses. Finding appropriate legal answers will enable aspects taxation to be resolved. This brings the effect in the form of savings.
So, does appropriate and rational management of taxes have a  measurable financial impact for businesses?
Yes, absolutely. Bearing in mind that the activities have been legal. You should distinguish what is acceptable tax avoidance from illegal tax avoidance.
What do you mean by these terms?
The definition of tax avoidance can be determined on the basis of case law of administrative courts as well as tax principles. It involves reducing the tax liability in a legal manner, so that taxes are as low as possible. The principle points to tax relief, deductions and exemptions.
Can tax avoidance be completely legal?
As pointed out by, among others, the Voivodship Administrative Court in Wrocław, the judgment of 21 April 2005. (I SA / Wr3065 / 03) states that “tax avoidance is conceived as an action by way of legal measures that aims to reduce taxation, or even its avoidance (tax saving).
So the wide range of tax resolutions does not expose the taxpayer to bypass the law?
Quoting K. Zagrobelny regarding the judgment of the Supreme Administrative Court on 9 February 2000 I SA / Gd 2036/97, TSO  2001 no. 10 “if the applicable law creates the possibility for the taxpayer  to choose several legal structures to achieve the intended economic purpose of which each will have a different tax dimension,  selecting the most advantageous tax options cannot be regarded as evasion of the law “. This means that thanks to many legitimate legal possibilities , you can run a cost-effective, profitable and stable business in a permitted manner, with the approval of tax authorities.
As previously mentioned, there is a strong demand for knowledge of the functioning of tax havens. However, efforts to pay less tax are not always of a legal nature.
Tax evasion is illegal and is an is an activity contrary to the law. It is designed to conceal income and to mislead the tax authorities. This is fraud involving the nonpayment of the amount of tax owed or to avoid payment of the right amount. Avoidance in paying taxes entails criminal or penal tax liability. It is therefore necessary to optimize taxation resolutions so that they are legitimate.
What exactly do you mean?
In accordance with the principle of ‘that what is not forbidden is allowed’, tax legislation sets out semi-mandatory standards, i.e. it defines a framework of conduct, giving the freedom of parties to legal relations, but only within certain limits. It defines the consequences of the proceedings, e.g. the conclusion of the activity. Taxpayers exploit loopholes in the law, so that the legality of their actions are stated on the basis of the factual circumstances and legal provisions that would apply.
Is there a legal definition of bypassing taxation law?
The Tax Code provides for the so-called clause to circumvent the law. On its basis , the Treasury is examining whether activities carried out by the taxpayer, e.g. signing pre-contracts for convenience, are aimed at avoiding taxation  Please note that not every tax reduction through records and forms of contracts bypass the law. If the current legislation does not prohibit them, they are acceptable.
An expert in introducing  companies to the Polish and foreign markets”. Perhaps you can be called just that with absolutely certainty? Yes. I have helped my clients to analyze the market and establish their businesses in Poland and abroad on many occasions..
Last question: Is it worth learning from mistakes, then taking up the plan and strategy … and just moving forward?
Every event in our lives should be treated as an experience, not as  committing an error. With every experience we grow and learn more. “Errors,” as the lady identified, are often the best teachers. The only rule is.. don’t give up! We consistently strive towards our targets.
We are waiting impatiently for your new book and wish you every success! Thank you for the conversation.
Przeczytaj ten artykuł w wersji polskiej: http://www.businessmantoday.org/raje-podatkowe-d…-przedsiebiorcow/

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Krzysztof Sadecki