Tax Alert – withholding tax (WHT)
The concept of industrial equipment in the light of withholding tax
According to Article 21, section 1 of the Corporate Income Tax Act, "the use or right to use an industrial device, including a means of transport, commercial or scientific device" falls within the subject scope of withholding tax. Therefore, as a rule, receivables...
Obtaining the right to tax exemption of the dividend paid – the position of the Director of KIS is different from the view of the Voivodship Administrative Court in Wrocław
On 11 May 2020. Director of National Revenue Information in the interpretation 0111-KDIB1-3.4010.43.2020.2.BM stated that in order to take advantage of the exemption referred to in Article 22.4 of the CIT Act, it is insufficient to meet the conditions indicated in...
OECD Analysis of Tax Treaties and the Impact of the COVID-19 Crisis
The Organisation for Economic Cooperation and Development (OECD) presented on 3 April 2020 a Analysis of Tax Treaties and the Impact of the COVID-19 Crisis The document discusses four main issues: The creation of a permanent establishment, Residence status of a...
Situation of not being able to obtain a certificate of residence from a foreign contractor during COVID – 19 in the light of correct calculating withholding tax (wht).
One of the documents which entitle to apply a reduced tax rate, exemption or non-collection of tax in accordance with the provisions of the relevant double taxation convention or specific provisions is the certificate of residence. Pursuant to Article 4a(12) of the...
Exemption from withholding tax for the payment of dividends and royalties in the event of acquisition/merger of companies.
Company A based in the territory of the Netherlands, which is a 100% shareholder of company B based in Poland, receives dividends and royalties. Company A was subsequently taken over by company C also based in the Netherlands. As a result of the merger, company A...
The taxpayer is obliged to have a statement from the beneficial owner of the taxpayer in each case when it pays interest in the amount exceeding PLN 2,000,000 and, in addition, it should meet additional requirements specified in the provisions of the Corporate Income Tax Act.
On 25 February 2020. The Regional Administrative Court in Łódź, in its judgment under no. I SA/Łd 685/19, dismissed the complaint against the contested interpretation, considering the position presented therein as correct. The dispute in this case concerned two...
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