This site is run by Jakub Pawłowski, attorney-at-law (radca prawny) · Pawłowski Partners, Poznań

Statut fundacjiPawłowski Partners · family foundations
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Scenarios

The family foundation in practice – four typical situations

The scenarios below are models: I put them together from situations that recur in conversations with founders, and they do not describe the matters of specific clients. For each one I list the questions that need to be settled and the risks to watch out for. The answers depend on the family – I look for them together with the founder. In one scenario the answer is: do not set up a foundation.

Law as of: 8 November 2026Author: Jakub Pawłowski, attorney-at-law

Scenario 1

A manufacturing business, three children, one on the management board

Situation
The founder is 64 and holds 100% of the shares in a limited liability company. His daughter has been vice-president for ten years; his sons work outside the business. The founder wants the business to stay in the family and the children to be treated fairly, though not necessarily equally.
To be settled
  • Should all the children have the same rights to distributions, given that only the daughter works in the business?
  • Who runs the foundation and who runs the company – and can they be the same people?
  • What part of the profit stays in the company for development and what part goes to the family?
  • Who takes over the founder's powers when he is gone?
Watch out for
The conflict of interest of the daughter who runs a company owned by a foundation from which her siblings also benefit. Without dividend rules every year becomes a dispute: the sons want payouts, the daughter wants investment.

Scenario 2

A married couple with a dozen or so rental flats

Situation
The spouses, in their sixties, own a dozen or so flats, some let long-term and some short-term through an operator. They want to pass them on to their children without splitting the portfolio.
To be settled
  • Which flats should go into the foundation and which should stay outside it?
  • Can the current rental model be kept after 2027, or does it have to change?
  • On what terms may the children use flats owned by the foundation?
Watch out for
From 2027 – if the act enters into force – rental through an operator and short-stay rental lose the exemption, while direct letting for residential purposes keeps it. A flat occupied by a child rent-free is a hidden profit. If the flats are already in the foundation, residential units can be returned to their previous owner tax-free until the end of 2027 – but that is a decision based on numbers, not on reflex.

Scenario 3

A family with a daughter living in Germany

Situation
A founder from the Wielkopolska region holds shares in two companies and a commercial property. His elder daughter has been living and working in Germany for years, the younger one in Poland.
To be settled
  • Should the daughters receive distributions in the same form, given that they live in different countries?
  • How will the German tax authorities treat a distribution from a Polish foundation – and who will check this before the first payout?
  • Should the foundation's documents also be available in German? I can prepare them in both languages.
Watch out for
The Polish PIT exemption does not determine taxation in another country. From 2027 the controlled foreign company rules and exit tax are added – important if the foundation is to hold assets abroad.

Scenario 4

An entrepreneur who wants to sell his company in two years

Situation
A 45-year-old owner of a technology company is in talks with an investor about a sale within two years. He has heard that "through a foundation he can sell tax-free".
To be settled
  • Does a foundation make sense only after the sale – for the proceeds, as a long-term family portfolio?
  • What should happen to the company if the transaction falls through?
Watch out for
A foundation is not set up for a single transaction. From 2027 – if the act enters into force – assets contributed to a foundation will be subject to a two-year holding period counted from the end of the year of contribution, and the anti-avoidance rules already apply today. "Buy a foundation, sell tax-free" structures are exactly what the legislator has been trying to close for two years. An honest answer is sometimes the cheapest service I can offer.

Law as of: 8 November 2026. The text is for information only and is not legal advice in an individual matter.