
The document’s full name is Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals).
W-8BEN is intended for individuals and is used to certify their foreign status to a U.S. payer or financial institution.
Where applicable to a particular type of income, a properly completed form also allows the individual to claim benefits provided under an international tax treaty.
Important: you do not submit Form W-8BEN directly to the IRS. It should be provided to the organization that requested it, such as a U.S. client, broker, bank, or payment platform.
The form is commonly requested from people who live in Poland and receive payments connected with the United States. This may include freelancers and owners of sole proprietorships, known in Poland as JDG, who work with U.S. clients; authors and digital content creators; recipients of royalties; investors holding U.S. securities; and users of certain international platforms.
However, the reason for completing the form will depend on the type of income received.
Form W-8BEN is not intended for Polish limited liability companies, such as a sp. z o.o., or other legal entities. Foreign companies in similar situations generally use Form W-8BEN-E.
Not necessarily. If an entrepreneur lives and works in Poland and provides services to a U.S. client from Poland, the fact that the client is based in the United States does not usually mean that 30% U.S. tax must be withheld from the payment.
However, the U.S. client may still request Form W-8BEN to confirm that the contractor is a foreign beneficial owner of the income.
The rules may be different if the work is physically performed in the United States or if the payment concerns another type of income, such as dividends or royalties. In such cases, the type of income, tax residency, and the provisions of the tax treaty between Poland and the United States must be considered.
There is therefore no universal rule that “W-8BEN reduces the tax rate from 30% to 15%.” The applicable rate and tax treatment depend on the specific circumstances.
The form consists of three parts: identification of the beneficial owner, a claim for tax treaty benefits, and certification of the information provided.
You can download the form from the official IRS website: https://www.irs.gov/pub/irs-pdf/fw8ben.pdf
Line 1 — Name of individual who is the beneficial owner
Enter your first and last name.
Line 2 — Country of citizenship
Enter your country of citizenship.
Line 3 — Permanent residence address
Enter your permanent residence address in the country where you are a tax resident. Do not use a P.O. box or an address used only for receiving correspondence.
Line 4 — Mailing address
Complete this field if your mailing address is different from the address entered in Line 3.
Line 5 — U.S. taxpayer identification number
Enter your U.S. SSN or ITIN if you have one and it is required in your situation.
In many typical cases, a Polish entrepreneur working from Poland does not need to obtain an ITIN specifically for this purpose. However, the requirements depend on the type of income and the tax treaty benefit being claimed.
Line 6a — Foreign tax identifying number
Enter your foreign tax identification number, or FTIN.
In Poland, the relevant identifier may be a NIP or PESEL number. An owner of a JDG should use their NIP. PESEL is primarily used as a tax identifier by individuals who do not conduct business activity and do not fall into another category of taxpayers required to use NIP.
Line 6b — FTIN not legally required
Check this box if the law of your country of tax residence does not require you to have a foreign tax identification number. If you have a Polish NIP or PESEL number, this box is generally left unchecked.
Line 7 — Reference number
This field is optional. You may enter an account number, client number, or another identifier if requested by the client or platform.
Line 8 — Date of birth
Enter your date of birth in MM-DD-YYYY format. For example, May 18, 1994 should be entered as 05-18-1994.

Complete this part if you are claiming benefits under a tax treaty between the United States and your country of tax residence.
Line 9 — enter the country in which you are a tax resident for the purposes of the treaty. If you are a tax resident of Poland, enter Poland.
Line 10 is not always required. Complete it if claiming a particular benefit requires you to specify the relevant tax treaty article, type of income, applicable rate, or fulfillment of additional conditions.
Do not copy information into Line 10 from someone else’s example. The content of this field depends on the type of income and the specific treaty benefit you are claiming.
If you are not claiming tax treaty benefits, you may leave Part II blank. Form W-8BEN can still be used to certify your foreign status. The IRS explicitly states that the form should be provided to the payer regardless of whether the individual is claiming a reduced rate of withholding or an exemption.

In the final part, you certify that the information provided on the form is correct and complete.
If you are completing Form W-8BEN yourself, you must provide:
Signature of beneficial owner — sign the form. If you are completing a paper form, provide a handwritten signature.
Date — enter the date in MM-DD-YYYY format.
Print name of signer — print the first and last name of the person signing the form.
If the form is signed by an authorized representative, that person must have the appropriate authority and check the box stating, “I certify that I have the capacity to sign…”. Where required, a power of attorney or a copy of it should be attached to the form.
Important: Form W-8BEN may be signed electronically if the organization receiving the form accepts electronic signatures. Simply typing a name in the Signature field is not sufficient. The electronic signature must make it possible to confirm that the document was genuinely signed by an authorized person.

Form W-8BEN is generally valid from the date it is signed until December 31 of the third calendar year following the year in which it was signed.
For example, if the form is signed in September 2026, it will generally remain valid until December 31, 2029.
If your circumstances change and the information provided on the form becomes incorrect, you must submit a new Form W-8BEN within 30 days. This may be necessary, for example, if your tax residency changes.
One of the most common mistakes is assuming that having a U.S. client automatically means that the payment is U.S.-source income. For services, the IRS generally considers where the work is physically performed.
Another mistake is entering a PESEL number as the Foreign TIN despite operating a JDG. For a Polish entrepreneur, the relevant tax identification number is generally NIP.
Citizenship and tax residency are also commonly confused. Line 2 asks for citizenship, while eligibility for treaty benefits in Part II depends on tax residency.
Another mistake is using Form W-8BEN for a sp. z o.o. or another company that is a legal entity. Form W-8BEN-E is intended for foreign legal entities.
Finally, do not copy a tax treaty article or withholding rate from someone else’s example. Dividends, royalties, and payments for services are subject to different tax rules.
Form W-8BEN primarily concerns U.S. withholding and reporting rules. It does not replace tax reporting in Poland.
If you are a Polish tax resident or operate a JDG in Poland, income received from a foreign client must be properly recorded in your Polish accounts and taxed according to your chosen form of taxation and the nature of the transaction.
If tax was withheld abroad, you must also determine how the rules for eliminating double taxation apply.
Form W-8BEN should therefore not be treated as a “tax return.” It is a document that helps the U.S. payer correctly determine your status and the applicable withholding rules.
A request to complete the form is standard practice and does not mean that you have a tax problem.
Before completing it, check three things: where you are a tax resident, what type of income you receive, and where the work is physically performed.
If you operate a JDG in Poland and are unsure which tax identification number to provide, whether you should complete Part II, or how to account for payments from a U.S. client in your Polish bookkeeping, ELP Office can review your situation and help you handle the accounting correctly.
This material is provided for informational purposes only and does not constitute individual legal, tax, or accounting advice. We recommend consulting an appropriate specialist regarding your particular circumstances.

Wakacje składkowe allows an entrepreneur to receive an exemption from paying their own social contributions for one selected month of the year.
During that month, the entrepreneur:
The exempted contributions are paid from the state budget. Therefore, the month covered by wakacje składkowe is taken into account when future pension and social insurance rights are calculated.
Applications have been accepted since 1 November 2024. The first exemption was available for December 2024. As of July 2026, the main eligibility rules remain largely unchanged. Most updates have concerned the technical structure of the RWS form and the information required for de minimis aid.
Wakacje składkowe should not be confused with zawieszenie działalności. When using the relief, the business continues to operate. When business activity is suspended, the entrepreneur temporarily stops normal commercial activity.
The relief is primarily intended for entrepreneurs operating a jednoosobowa działalność gospodarcza and registered in CEIDG.
A partner in a spółka cywilna may also use the relief, but the application concerns the partner’s personal contributions and must be submitted through their individual payer account.
Several conditions must be met at the same time.
In the month preceding the month in which the application is submitted, the entrepreneur must have no more than 10 insured persons registered with ZUS.
The entrepreneur is included in this limit. In a standard situation, this means the entrepreneur and no more than nine other insured persons.
The calculation may include:
A person registered for at least one day during the relevant month may be included. The calculation is not based only on the situation on the final day of the month.
For example, a person working under a short-term umowa zlecenie may still count toward the limit.
Students and pupils under the age of 26 working under an umowa zlecenie who are not subject to ZUS insurance are not included. Other exceptions may also apply, so borderline cases should be checked individually.
The entrepreneur must meet the annual revenue requirement.
The relief is available if, in at least one of the two calendar years preceding the year of the application:
For an application submitted in 2026, the relevant years are 2024 and 2025. It is sufficient to meet the condition in one of those years.
The relief may be unavailable if the entrepreneur provides services to a former employer and performs the same duties that were previously performed under an employment contract in the year the business activity began or in the preceding year.
The cooperation is assessed for:
The actual nature of the work is important, not only the title of the position or the wording of the contract.
Therefore, when moving from an umowa o pracę to B2B cooperation with the same employer, the previous duties should be carefully compared with the current scope of services.
The entrepreneur must have been subject to pension, disability and accident insurance for at least one day in the month preceding the RWS application.
There is no separate minimum period for operating a JDG. However, a newly established business may not always be able to use the relief immediately.
For example, if the JDG was registered on 1 May, the entrepreneur was subject to social insurance in May and submitted the RWS application in June, July may be selected as the exemption month, provided that all other requirements are met.
Wakacje składkowe constitutes de minimis state aid. Before submitting the application, the entrepreneur should verify that the available de minimis aid limit has not been exhausted.

The exemption will not be granted if the entrepreneur:
The relief is not available during ulga na start because the entrepreneur is not subject to the required social insurance during that period.
It may become available after moving to preferencyjne składki or another contribution scheme, provided that the remaining requirements are met.
The exemption applies only to the entrepreneur’s own social contributions.
It may cover pension, disability and accident insurance contributions, as well as voluntary sickness insurance and contributions to Fundusz Pracy and Fundusz Solidarnościowy where applicable.
Voluntary sickness insurance is covered only if the entrepreneur was subject to this insurance for at least one day both in the month of submitting the RWS application and in the preceding month.
The most important limitation is that składka zdrowotna is not covered by wakacje składkowe. It must still be calculated and paid under the standard rules.
Contributions for employees and other insured persons, taxes and previous ZUS arrears also remain payable.

The amount saved depends on the entrepreneur’s social contribution scheme.
Based on the 2026 rates, the estimated exemption amount is shown in the table below.
Składka zdrowotna must be paid separately.
The minimum monthly health contribution for the period from February 2026 to January 2027 is PLN 432.54 where the applicable taxation method and calculation base do not result in a higher amount.
The actual saving will therefore differ between entrepreneurs. It depends on:
The entrepreneur may select one exemption month in each calendar year.
The RWS application must be submitted in the month immediately preceding the selected exemption month.
For example:
The application cannot be submitted retroactively or several months in advance.
For example, to receive the exemption for August, the entrepreneur must submit the application in July. An application submitted in August may only concern September.
This is one of the most important rules. ZUS may leave an application without consideration if it is submitted outside the permitted month.

The application must be submitted electronically through the konto płatnika in eZUS.
Before starting, prepare information about any de minimis aid received during the previous three years and check your main PKD code. Official certificates will only be required if you choose to confirm the aid through zaświadczenia.
Log in to eZUS and go to Konto płatnika.
The application must be submitted from the payer profile.
A wspólnik spółki cywilnej submits RWS through their individual konto płatnika, not through the company’s profile.
In the side menu, select Katalog usług.
Then find:
Złóż wniosek o zwolnienie z obowiązku opłacenia składek za wskazany miesiąc (RWS)
Select Przejdź do usługi to open the application.
For the first application, select Wniosek.
The entrepreneur’s details will be loaded automatically. Check them and complete any required fields that are missing.
Until ZUS reviews the application, it may be corrected or withdrawn using:
In the Treść wniosku section, the system automatically displays the month following the month in which the application is submitted.
For example, if the RWS form is completed in August, it will concern September.
The month cannot be changed manually.
On this screen, two matters must be confirmed.
First, confirm that the revenue requirement is met: in at least one of the two preceding calendar years, revenue did not exceed the equivalent of EUR 2 million, or no business revenue was received.
Second, indicate whether de minimis aid was received during the previous three years.
If no aid was received, select:
Nie korzystałem z pomocy publicznej de minimis
If aid was received, select:
Korzystałem z pomocy publicznej de minimis
Then select how the aid will be confirmed:
Select the actual size of the enterprise. For many small JDG businesses, the appropriate option will be mikroprzedsiębiorstwo.
Next, choose the classification version in the Wersja PKD field:
Then select the main activity code corresponding to the information registered in CEIDG.
Until 31 December 2026, the application allows PKD 2007 or PKD 2025. After that date, PKD 2025 will be required.
The form will also ask additional questions concerning:
For a standard JDG that is not linked to other companies, has not undergone a reorganisation and does not operate in these sectors, the usual answer is NIE.
If TAK is selected, the form will request additional information.
If Zaświadczenia was selected in the de minimis section, attach the official certificates confirming the aid received.
If Oświadczenie was selected, the relevant information is completed directly in the application and separate certificates are not required.
At the Podsumowanie stage, open Widok danych dokumentów.
Check:
If an error is found, return to the previous section and correct it.
Select Podpisz i wyślij, choose one of the available signature methods and submit the application.
After submission, the application status and new ZUS messages can be checked in Sprawy płatnika.
A notification about a new document may also be sent to the email address or telephone number registered in eZUS.
Until ZUS reviews the application, it may be supplemented, corrected or withdrawn through the RWS form.
The selected exemption month cannot be changed. In that situation, the application must be withdrawn and a new one submitted within the permitted period.
Once the application has been reviewed, it can no longer be corrected or withdrawn through this procedure.
If ZUS grants the exemption in full, a separate administrative decision may not be issued. Information about the relief will appear in eZUS.
ZUS will issue an administrative decision if it:
Wakacje składkowe exempts the entrepreneur from their own social contributions for the selected month, but it does not remove the obligation to submit settlement documents.
For the exemption month, the entrepreneur must correctly prepare ZUS DRA and, where required, ZUS RCA.
Składka zdrowotna remains payable.
If ZUS has not reviewed the RWS application by the reporting deadline, the entrepreneur should not omit the declaration. The documents should first be submitted under the standard rules and then corrected after the exemption is granted.
It is advisable to inform the accountant in advance about the month selected for wakacje składkowe. This makes it easier to submit the application on time and settle the reporting period correctly.
Wakacje składkowe does not create a break in social insurance.
The contributions for the exemption month are financed by the state and are taken into account when future pension and disability benefits are calculated.
Continuity of social insurance rights is also maintained, provided that the general eligibility requirements for the relevant benefits are met.
This is different from ulga na start, during which social contributions are not paid and the corresponding social insurance rights do not arise.
The social contributions, Fundusz Pracy and Fundusz Solidarnościowy amounts covered by the exemption are not subject to PIT.
At the same time, they cannot be treated as a tax-deductible expense because the entrepreneur did not pay them from their own funds.
Składka zdrowotna is calculated and treated under the standard rules applicable to the entrepreneur’s chosen taxation method.
Wakacje składkowe may be combined with:
The entrepreneur must still meet the general wakacje składkowe requirements.
The relief is not available during ulga na start because the entrepreneur is not subject to the required social insurance during that period.
RWS may only be submitted in the month directly preceding the exemption month. It cannot be submitted retroactively or two months in advance.
Entrepreneurs sometimes count only permanent employees or check the situation only on the last day of the month.
However, a person insured for even one day may be included in the limit.
Składka zdrowotna, employee contributions and taxes remain payable.
Incomplete or incorrect information may result in a request for additional documents, refusal of the relief or its later cancellation.
If ZUS has not reviewed the application by the reporting deadline, the documents must be submitted under the standard rules and corrected later.
Dobrowolne ubezpieczenie chorobowe is covered only if the entrepreneur was subject to it for at least one day in both the month of application and the preceding month.
ZUS assesses the duties actually performed, not only the wording of the contract.
If ZUS later determines that the requirements were not met, the exemption may be cancelled. The entrepreneur may then have to pay the contributions together with interest.
No. During wakacje składkowe, the entrepreneur may continue working, earning income and issuing invoices.
Yes. The exemption does not cover the health contribution.
No. The relief only applies to the entrepreneur’s own contributions.
Yes, provided that the general conditions are met. The saving will be lower because the social contributions are already reduced.
Yes, if the entrepreneur meets both the wakacje składkowe requirements and the requirements of Mały ZUS Plus.
No. During ulga na start, the entrepreneur is not subject to the social insurance required for wakacje składkowe.
No. RWS must be submitted in the month preceding the selected exemption month.
Yes. A separate RWS application must be submitted for the selected month in each calendar year.
Yes, but only until ZUS reviews the application.
No. The exempted contributions are financed by the state, so continuity of social insurance is maintained.
Wakacje składkowe allows an entrepreneur to reduce the cost of their own social contributions once per year without suspending business activity.
However, it is not an automatic “month without ZUS”. To use the relief, the entrepreneur must:
Particular attention should be paid to the application deadline, the insured-person limit and cooperation with a former employer. An error in any of these areas may result in refusal or later cancellation of the relief.
Planning to use wakacje składkowe? ELP Office specialists can help verify the conditions, prepare the RWS application and correctly reflect the exemption in ZUS settlements.
This material is for informational purposes only and does not constitute individual legal, tax, or accounting advice. For guidance concerning your specific situation, we recommend consulting a qualified professional.

Poland actively supports families, and for foreigners, this is a great way to reduce the amount of tax payable.
For programmers and engineers, Poland remains one of the most beneficial jurisdictions in Europe.
Mechanical tax payment in Poland is a guaranteed overpayment. Maximum benefit is achieved only through a clever combination of reliefs (e.g., IP Box + IKZE + Ulga na dziecko).
However, the right to a deduction exists only when it is supported by flawless documents and correct calculations.
Not sure which reliefs are right for your business model? The specialists at ELPOFFICE will audit your situation, select optimal tax preferences, and help safely apply them in your annual PIT declaration.
This material is for informational purposes only and does not constitute individual legal, tax, or accounting advice. For guidance concerning your specific situation, we recommend consulting a qualified professional.
