Foreign Company and Jurisdiction Advisory
Setting up a company abroad is simple only in appearance – many jurisdictions can be registered remotely on the basis of a power of attorney, although some require presence on site. The nuances matter. The real challenge is not the registration itself, but choosing a jurisdiction that actually fits your business model, and protecting the company from being treated as an artificial construct that exists solely to circumvent tax rules.
Why does the choice of jurisdiction matter?
Not every cheap jurisdiction is a good choice. Some countries offering a low registration cost appear on EU or Polish lists of jurisdictions engaged in harmful tax competition, which significantly increases the risk of such a company being treated as a controlled foreign company (CFC) – with the full tax consequences in Poland. The choice of jurisdiction depends on the nature of the business – different solutions work for digital services and blockchain than for a business involving a physical product or the distribution of goods.
What does the advisory process look like?
We analyse your business model, the planned scale of operations and your expectations regarding privacy, taxation and reporting obligations. On that basis we recommend a jurisdiction – from popular destinations such as the United Arab Emirates, Cyprus and Delaware, to Caribbean solutions (Saint Kitts and Nevis, Belize, Saint Vincent and the Grenadines) or Asian ones (Hong Kong). We also take into account so-called economic substance – real evidence that the company actually conducts business in a given jurisdiction and does not exist only on paper.
What do you gain from a consultation before registration?
The consultation takes place in person in Wrocław or remotely. Its aim is to develop a strategy tailored to your situation before a decision is made on a specific jurisdiction – because that is the stage at which most mistakes are made that are hard to fix after registration.
Result: a jurisdiction chosen for real business needs rather than the lowest registration price, and a strategy protecting the company from the tax risk arising from its improper use.
