I am UK resident for tax purposes and have a SIPP. If I become resident in Poland for tax purposes then will Poland tax my SIPP? If so then in what way?

My SIPP holds a single fund which does not pay dividends. So the only activity is the change in value of the fund holding and monthly contributions to the SIPP by my UK limited company with which I buy more of the same fund.

I'm most concerned that Poland might tax the contributions from my limited company to the SIPP as if they were income to me.

I am hoping that the Polish tax authority would recognise a UK SIPP as a pension and therefore not tax it until I withdrew money from it. (Which won't be for decades.)


2 Answers 2


Residence of the company? You are asking 'am I going to be taxed on the contributions my company makes'. If the company is still resident in the UK, then 'no' simply because the UK still has primary taxing rights. If the company is no longer resident in the UK, then although the EU is in the process of obtaining EU-wide recognition of the 'pension' status of a pension that is qualified in any of the EU member states, you will probably find that Poland will not treat the UK pension as a Polish qualifying pension under the last pillar of their three pillar system. By 'probably' I mean get a local opinion, but I assume not. I would assume that Poland will not seek to tax monies rolling up inside a UK qualified pension while you are Polish resident.

It might occur to you to consider how you can sustain a UK residency of your company, and if you are a controlling director, that is quite an undertaking. If there is genuine cause for going this route, it would requires a three fold approach of control management and time. My guess is that unless your turnover exceeds 250k, probably not worthwhile.

I see that in 2019 the Polish are moving their second pillar state guaranteed pension plans to an USA-style IRA account - so there's a faint chance as the legislation unfolds your can find a way to duplicate your SIP investment strategy locally. You would have two accounts to manage, one in each country.

The SIP you have invests in one fund you say. Usually one would invest your pension in the base currency of your retirement country. If you were to retire in Poland you would probably now move your investments to a EUR base. There's not a lot to stop you looking at the investments inside the fund and simply buying them or an equivalent without paying fund fees.

The overall benefit of a pension is usually marginal compared to assets held in a family trading company. The QROP specialists may say they can help with an offshore pension, but I rarely find that's useful, given any fund fees, any of their restrictions on funds and their annual charges. But it's always an individual computation.

If there is an absolute requirement to fund the SIP then I would suggest you consider being employed by a spin off company which conducts only work in the UK, with a UK salary to you. There could be room then to continue the SIP contributions. Permit me to say check the Double Tax Treaty in case both countries want to tax such income. And once again, you have the control and management issues. Some would say 'why bother?' Just have a company based in Jersey doing all the company work not in Poland and don't bother with any pension scheme nor HMRC.

Personally I would be tempted to leave the SIP in place although change the investments, and use the company to accumulate funds in Poland.

You didn't ask about estate planning, always a rat's nest especially with their laws of succession. I mention this because both a SIP and a trading company have special treatments.


If you are resident in Poland then you can no longer contribute to UK SIPP or ISA accounts and if you get caught you may be heavily penalised in the UK.

I have lived in Poland for some time and my tax advisors and accountants maintain that we must pay tax at 19% on all capital and income gains within SIPP and ISA accounts in Poland as they are not recognised by the Polish tax office. If you get a different interpretation of the rules - from an expert or official source - I would be very eager to hear from you.

However, in your case it seems you have an accumulation fund so it is possible that you do not have any taxable gains as there is no income in the form of dividends and you only get taxable gains from capital when a fund is disposed of.

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