A foreign company can enter the Polish market in three ways: form a subsidiary sp. z o.o., register a branch (oddział) or open a representative office (przedstawicielstwo). A subsidiary is a separate legal entity that may carry on any lawful business. A branch may only do what the parent company does abroad, and companies from outside the EU may open one on a reciprocity basis. A representative office is limited to advertising and promotion. None of the three gives the owner residence: Polish status is a separate application.
Last verified 9 October 2026 against the Act on the participation of foreign entrepreneurs (Journal of Laws 2018 item 649), the Ministry of Development and Technology register of representative offices, voivode office pages and the MOS portal. Our own fees and turnaround are excluded because they depend on the form and the scope.
Planning to sell in Poland? INNOVA compares the forms of presence against your sales model, registers the chosen structure and separately reviews residence routes for the owner and the team. Request a tailored proposal for Poland.
Three forms of presence compared
Source: Act of 6 March 2018, Journal of Laws 2018 item 649, art. 4 and 14–24.
Subsidiary sp. z o.o.
The most flexible form. Share capital from PLN 5,000, a KRS entry and a beneficial-owner filing in CRBR within 14 days. The company pays CIT at 19%, or 9% as a small taxpayer, and may elect Estonian CIT. A foreign company from any country may be the shareholder. The step-by-step formation and tax walkthrough is in Company formation in Poland.
A subsidiary suits a business that signs contracts with Polish clients, hires staff, bids in tenders and keeps the liability of the Polish operation apart from the parent. With several owners or a holding question, review the international holding structure early.
Branch of a foreign company
Under art. 14–19 of the 2018 Act, a branch:
- may be set up freely by an EU entrepreneur, and by an entrepreneur from another country on a reciprocity basis unless ratified international agreements provide otherwise;
- may only carry on the activity the parent carries on abroad;
- must have a person authorised to represent the foreign entrepreneur in the branch;
- may start operating only after its entry in the KRS register of entrepreneurs;
- uses the parent's original name with its legal form translated into Polish and the words "oddział w Polsce";
- keeps separate accounts in Polish.
The branch file includes the parent's constitutional documents and a foreign register extract with a certified Polish translation (art. 18). For a company from Ukraine or any other non-EU country, reciprocity is checked before filing, because it decides whether a branch is possible or a subsidiary is the route.
Representative office
A representative office (art. 21–24) suits market research: advertising, promotion, groundwork for future partnerships. It may not sell, because the law limits it to advertising and promoting the foreign parent. The register entry lasts 2 years and can be extended for another 2 years on an application filed in the last 90 days of the term. Ministry of Development and Technology.
Residence for an entrepreneur: what exists in 2026
Registering a company, branch or representative office grants no status. Since 27 April 2026 all applications for temporary residence, permanent residence and EU long-term resident status are filed online only through the MOS system, followed by an in-person visit for fingerprints. The state fee is PLN 340 to 640 plus PLN 100 for the card. Lower Silesian Voivode Office.
Bills that would extend the citizenship period to 8–10 years and raise the language level to B2 or C1 had not taken effect as of October 2026. This may change, so a citizenship plan is worth reviewing every year.
What Poland does not offer
Poland has no golden visa (residence for investment), no dedicated digital nomad visa and no passive-income visa. The Poland Business Harbour programme for IT specialists and start-ups has been suspended since 26 January 2024. gov.pl.
Ukrainian nationals after the special act
The special act on assistance to Ukrainian citizens was wound down on 5 March 2026 and its protection rules moved into the general law. EU temporary protection has been extended to 4 March 2028 by Council Implementing Decision (EU) 2026/1912; new applicants from 31 July 2026 must meet a condition on Ukrainian military obligations. EUR-Lex. Since 5 March 2026 only holders of PESEL UKR, CUKR, permanent residence, EU long-term resident status or the Pole's Card may open a JDG. For everyone else the working form is the sp. z o.o. biznes.gov.pl.
Choosing the form: practical questions
- Who sells to Polish clients? If sales start immediately, a representative office is out.
- Where is the parent based? For a non-EU parent, a branch depends on reciprocity.
- Is separate liability needed? A subsidiary sp. z o.o. ring-fences the Polish business.
- Will the owner relocate? Then build with art. 142 in mind: company income and full-time staff after a year of trading become the basis for business residence.
- How will profit be extracted? Dividends from Poland to Ukraine bear 5% or 15% under the treaty, and the owner's tax residence decides the rest. See tax residency.
What INNOVA organises
- A comparison of subsidiary, branch and representative office for your model;
- the KRS registration of a sp. z o.o. or a branch, or a representative office entry in the minister's register;
- CRBR, corporate changes, the tax model and bookkeeping coordination;
- a separate review of residence routes for the owner and staff.
Fees and schedule are set out in a written proposal. Describe your Poland project.
Frequently asked questions
Can a Ukrainian LLC open a branch in Poland?
For non-EU entrepreneurs the Act allows a branch on a reciprocity basis unless ratified agreements provide otherwise (art. 14(2)). This is checked before filing. A subsidiary sp. z o.o. is open to a Ukrainian company in any case.Can a representative office sign contracts and sell?
A representative office is limited to advertising and promoting the foreign entrepreneur (art. 22). Selling requires a subsidiary or a branch.How long does a representative office entry last?
2 years from the entry. It can be extended for another 2 years on an application filed in the last 90 days of the term. Source: Polish Ministry of Development and Technology.Does registering a company give residence?
Registration grants no status. The business residence permit under art. 142 requires the company to show income of at least 12 average salaries last year or 2 full-time employees for a year, and the voivode decides.Is there a Poland digital nomad visa?
Poland has no dedicated digital nomad visa or residence permit. Remote workers rely on the general grounds: employment, business or the EU Blue Card.How do you apply for residence in 2026?
Since 27 April 2026, online only through MOS, signed with Profil Zaufany, a qualified signature or podpis osobisty, then an in-person visit for fingerprints. Paper applications are not processed.How many years until Polish citizenship?
Under current law, 3 years on permanent residence or EU long-term resident status plus Polish at B1. Bills to extend the period to 8–10 years had not taken effect as of October 2026.Official sources
This material is for general information only and does not constitute legal or tax advice. Accurate as of the publication date.