WHT in Poland – how general rules from 01/07/2020 will look like? We explain this important issue in our infographic from the WHT series. We will be happy to answer your questions.
Case: The amount paid out in favour of the same foreign company exceeds the amount of PLN 2,000,000.00 during the tax year.
- Polish company will be in principle obliged in the first place, in relation to the surplus above PLN 2,000,000.00 to collect the WHT at the non-preferential Polish tax rate (19% or 20 %) and pay this tax to the Polish tax office;
- Polish company or foreign company (depending on who borne the economic burden of the tax) may submit the return application in a formal procedure conducted by Polish tax authorities.
Exemptions to the payment of tax at a non-preferential rate (i.e. applying a tax exemption or preferential rate):
- obtaining an opinion on the exemption from WHT in a formal procedure conducted by Polish tax authorities in case of dividend payments (profit distribution) or (loan or credit) payments for affiliates;
- taking personal and criminal liability by all members of the management board of the Polish company by regular submitting declaration by the Polish tax office.
Łukasz Dachowski, LL.M., attorney at law (PL)/tax advisor (PL)/Partner
Magdalena Stefaniak-Odziemska, tax advisor (PL)