Recent changes to the WHT regulations resulted in a disturbance of a well-established market practice (switch from a relief at source to a pay & refund mechanism). Consequently, more and more foreign taxpayers suffer increased WHT costs on Polish investments.
New, “revolutionary” WHT rules, have significantly changed the existing market practice. In light of additional requirements, such as the “due care” standard and the associated increased liability exposure, tax agents are currently much more reluctant to apply any WHT exemptions / reductions at source. Even though the entry into force of certain key elements of the new mechanism remains postponed, ambiguity of other rules which are already fully applicable (e.g. beneficial ownership clause) leads to considerable uncertainty among Polish taxpayers.
Foreign investors (both EU and non-EU) may be entitled to withholding tax (WHT) exemption in Poland (e.g. pension funds, investment funds).
Recent changes to the WHT regulations resulted in a disturbance of a well-established market practice (switch from a relief at source to a pay & refund mechanism).
Consequently, more and more foreign taxpayers suffer increased WHT costs on Polish investments.
when the tax has already been paid
when the tax hasn’t been withheld yet
Dedicated and experienced team of attorneys-at-law and licensed tax advisors
Ongoing monitoring of constantly changing Polish tax law environment / direct involvement in the legislative process within working groups
Ca. PLN 0.5 billion of WHT recovered for our clients to date
Flexible remuneration models (subject to individual arrangement)
Over 10 years of experience in WHT reclaim proceedings including representation of the Client in the landmark CJEU Emerging Markets Series case (C-190/12)