February 26, 2024

Critical U.S. Legal and Compliance Guidelines for Polish Business Owners

Operating a Polish business in the USA? Learn the essential legal steps—from choosing a home state to filing your beneficial ownership report—to ensure compliance and set your business up for success.

Zimbabwe businesses operating in the USA

Witaj! If you are a business owner based in Poland but operating in the USA, navigating compliance, legal, and beneficial ownership reporting requirements can be a daunting task. As you expand your business internationally, it is crucial to understand the specific regulations and laws that apply to your operations in the United States. From GDPR to FATCA, staying compliant with both Polish and American regulations is essential for the success and longevity of your business. In this blog, we will explore the key requirements and best practices for ensuring that your business meets all necessary reporting obligations while operating in the USA. Zaczynamy! (Let’s get started!)

Registration Requirements

The United States consists of 50 states and 5 territories, each with its own set of business regulations. To operate legally, businesses must adhere to both state-specific rules and federal laws.

State-Level Registration:

When establishing a business presence in the United States, businesses from Poland must complete state-level registration in any state where significant business activities occur. This requirement typically applies if your company:

  • Has a physical presence in the state
  • Frequently meets with clients in the state
  • Derives a significant portion of revenue from the state
  • Has employees working in the state

Incorporating your Polish Company in the US

Even if none of the specific criteria apply, a Polish company must still choose a home state for registration when conducting business in the US. This involves forming a U.S. entity, such as a corporation, LLC, or other business structure, in that state. This registration ensures that the company is officially recognized and compliant with US regulations, regardless of its level of business activity in any individual state.

The newly formed U.S. entity will operate as a subsidiary of the foreign company. This means that while the U.S. entity is legally independent, it remains under the ownership and control of the parent company based in Poland. This structure allows the company to conduct business in the US while maintaining its international headquarters.

We recommend using Northwest Registered Agent if your foreign company needs to incorporate. They offer expert guidance and can serve as a reliable registered agent for your business, ensuring compliance and smooth operations.

Federal Requirements

In addition to state requirements, Polish companies must also comply with federal regulations:

  • Federal Tax ID: Obtain an Employer Identification Number (EIN) from the IRS. This number is essential for tax reporting and opening U.S. bank accounts.
  • Industry Regulations: Companies may need to follow specific federal regulations depending on the industry. For example:
  • Import/Export Laws: If the company is involved in importing or exporting goods, it must meet U.S. customs regulations. This includes adhering to rules for tariffs, duties, and necessary documentation.

Beneficial Ownership Information Reporting Requirements

For Polish businesses conducting operations in the U.S., adhering to Beneficial Ownership Information Reporting (BOIR) requirements is crucial. The Corporate Transparency Act mandates that companies disclose the individuals who own or control them. This applies to most entities, including those that are incorporated or registered in any U.S. state. The goal is to enhance transparency and combat illicit activities such as money laundering and terrorism financing.

A beneficial owner is an individual who controls the company or owns 25% or more of its shares, either directly or indirectly. For compliance with BOIR requirements, businesses must report information about these individuals, including their names, addresses, and identification details. Failure to file this report can result in significant penalties and legal consequences. Therefore, companies from Poland need to ensure they meet these reporting obligations promptly and accurately.

For your convenience, you can file your Beneficial Ownership Information Report directly on our website. Click here to complete the process in just a few minutes and ensure your business complies with U.S. regulations.

Legally Operating a Foreign Company in the United States

 

Additional Considerations for Polish Businesses:

Tax Treaties

The tax treaty between the United States and Poland offers significant advantages for businesses operating across both countries. This agreement helps prevent double taxation, ensuring that income is not taxed twice by both nations. It also provides clarity on tax obligations and can potentially reduce withholding taxes on various types of income, such as dividends, interest, and royalties. For more detailed information about the specific provisions and benefits of this tax treaty, click here to access the official IRS documents.

Trade Considerations

When conducting business with the USA, Polish companies should be aware of the Trade and Investment Framework Agreement (TIFA) between the two countries, which aims to promote bilateral trade and investment. Additionally, Poland, as a member of the European Union, benefits from the EU-US trade relationship. However, there are no specific bilateral free trade agreements between Poland and the USA. Polish businesses should carefully research industry-specific regulations and standards that may apply to their products or services in the US market. This includes understanding FDA regulations for food and pharmaceutical products, FCC requirements for electronic devices, and CPSC standards for consumer goods. It’s also crucial to be familiar with US customs procedures, tariffs, and any potential trade barriers or restrictions that may affect their particular industry. Consulting with trade experts or legal professionals specializing in international trade can help ensure compliance with all relevant regulations and maximize opportunities in the US market.

Your Path to Compliance: Key Takeaways for Polish Businesses in the U.S.

Operating a Polish business within the USA requires careful attention to legal obligations, from establishing your home state to incorporating and filing a beneficial ownership report. Meeting these requirements is essential for ensuring compliance and securing your business’s success in the American market. By understanding and adhering to these steps, you can confidently navigate the complexities of doing business in the U.S. and focus on growing your enterprise.

Ready to get started? Click here to file your BOIR in just a few short minutes. We make the process easy, fast, and secure so you can focus on what matters—your business.

Frequently Asked Questions

Have questions about the Beneficial Ownership Filing process? Check out FinCEN BOI Filing's frequently asked questions for the answer.

Yes, failing to file a BOI report can result in substantial penalties, including hefty fines and potential legal repercussions. Learn more about the BOI deadlines and non-filing BOI penalties.

Filing a BOI takes about 5-10 minutes and can be done here. If you’re not sure if you are required to file, you can take the one minute BOI Eligibility Quiz.

Filing a BOI takes 5-10 minutes and can be done here. If you’re unsure if you are required to file, you can take the one minute BOI Eligibility Quiz.

You’ll need details of beneficial owners (name, address, ID number) and basic company information (name, address, registration details). Check out our ultimate guide to filing a BOI report for a complete list of items needed.

Generally, most businesses, except for some exempt categories like publicly traded companies, are required to file a BOI report. For a comprehensive list of businesses who need to file, check out the essential guide to BOI reporting.

 

The due date for BOI reports varies based on jurisdiction and specific business circumstances. You can learn more about the BOI deadlines here.

 

 

 

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  • Securities reporting issuer
  • Governmental authority
  • Bank
  • Credit union
  • Depository institution holding company
  • Money services business
  • Broker or dealer in securities
  • Securities exchange or clearing agency
  • Other Exchange Act registered entity
  • Investment company or investment adviser
  • Venture capital fund adviser
  • Insurance company
  • State-licensed insurance producer
  • Commodity Exchange Act registered entity
  • Accounting firm
  • Public utility
  • Financial market utility
  • Pooled investment vehicle
  • Tax-exempt entity
  • Entity assisting a tax-exempt entity
  • Large operating company
  • Subsidiary of certain exempt entities
  • Inactive entity