Building a business takes decades, yet it can be lost or uncontrollably fragmented in a very short time. At Partner Podatkowy, we understand that succession is a complex process requiring a blend of legal expertise and sensitivity to family and business dynamics.
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PaweÅ‚ Bocian, Managing Partner, brings experience that is unique in the market—he not only establishes Family Foundations as a tax advisor but also personally serves on the management boards of such entities. This allows us to understand the mechanism "from the inside." We do not offer theoretical statutes, but solutions proven in management practice that truly protect assets and enable effective planning for the company’s future.
Family Foundation – Asset Protection and Capital Accumulation
This is currently the most effective tool for accumulating and protecting assets in Poland, a field in which we specialize.
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Protection Against Fragmentation: The Foundation allows you to preserve the integrity of company assets. The enterprise is not divided among heirs but is managed cohesively, generating benefits for the beneficiaries (the family).
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Tax Efficiency: A Family Foundation promotes capital reinvestment. Income from dividends, rental, or the sale of shares can benefit from a full exemption from Corporate Income Tax (CIT), allowing for faster asset value building. As a rule, tax obligations arise only at the stage of paying out benefits to the beneficiaries.
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Implementation Support: Registration is just the beginning. We provide comprehensive support in organizing the ongoing operations of the foundation – we assist in the process of contributing assets, establishing governing bodies, and ensuring the daily functioning of the entity in compliance with regulations.
Succession Planning and Family Constitution
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Succession Plan: We develop scenarios for unforeseen events. We define procedures for the transfer of authority within the company, minimizing the risk of decision-making paralysis.
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Separation of Oversight and Management: If your heirs do not plan to be involved in the daily operations of the business, we create a structure where the company is run by professional managers, while the family retains ownership control and the right to derive profits.
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Personal Documents: We complement the business structure with necessary documents, such as wills and powers of attorney, comprehensively securing the private interests of the founder.
Holding Structures and Asset Protection
Financial security is built on a well-designed legal structure that separates operational risk from accumulated assets.
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Holdings: We form capital groups where a holding company (or Foundation) owns shares in operating companies. This enables efficient profit distribution within the group and reinvestment by utilizing dividend tax exemptions.
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Asset Segregation: We recommend and implement the separation of key assets (real estate, intellectual property, financial surpluses) into secure entities, ensuring that potential operational difficulties do not jeopardize the enterprise's fixed assets.
Frequently Asked Questions
Is a Family Foundation suitable only for large enterprises?
No. The legislator intended this solution for the SME sector as well (the minimum founding fund is PLN 100,000).
This is a tool for every forward-thinking entrepreneur who owns a stable business and wishes to secure it against succession risks.
As a Founder, do I lose control over the assets?
No. The Founder has a decisive influence on the content of the Foundation's statutes and the composition of its governing bodies.
In practice, Founders most often serve on the Foundation’s Management Board, retaining full control over its operations and the manner of asset management.
What makes our approach to Family Foundations unique?
Many advisors limit themselves to preparing registration documentation. We offer a managerial perspective.
Paweł Bocian, as a practitioner serving on the governing bodies of foundations, understands the operational dynamics of these entities. We design functional statutes that prove effective in daily business practice, not just in theory.
What assets can be contributed to a Family Foundation?
The range of assets is broad: cash, real estate, shares and stocks in companies, as well as movable property.
However, a prior analysis of the tax implications of contributing specific assets—which we conduct before initiating the procedure—is crucial.
Does the Foundation allow you to avoid paying taxes?
The objective of the Foundation is not tax avoidance, but rather asset protection and the avoidance of double taxation upon reinvestment.
Tax mechanisms (such as the CIT exemption) serve to build capital within the Foundation. Personal Income Tax (PIT) generally arises at the time benefits are distributed to beneficiaries, although exemptions exist for the Founder’s immediate family.
