Date of entrance into force of withholding tax obligations regarding payments exceeding PLN 2 million p.a. was postponed again. However, according to information from the Ministry of Finance, in force from 1st January 2022 shall not be the rules enacted in 2018, but their new version, currently being drafted (government claims that it shall be…
MDDP’s Real Estate Practice with Justyna Bauta-Szostak, Piotr Paśko, Sebastian Serowik and Justyna Adamska handled the proceedings for a Client completed with a positive decision stating an overpayment in withholding tax of several dozen million PLN. The decision was obtained on behalf of a foreign company from one of the leading groups in the commercial…
Another postponement of the entry into force of the withholding tax refund model The application of new withholding tax (WHT) rules was divided into 2 steps, but the date of the second step has been once again postponed. From 1st January 2019 regulations regarding due diligence and the amended definition of a beneficial…
The Ministry of Finance (MF) announces to publish in Q3 2020 amendments to the income tax acts, including, e.g.: granting a limited partnership [spółka komandytowa] the status of an income tax payer; after the amendment, the income tax will be paid by the limited partnership. The announcement suggests that the distribution of profit – from…
According to Polish Ministry of Finance (MF), Polish withholding tax (WHT) regime in force from 2019 (but still not applicable based on speciifc regulations issued by MF) will be changed starting from 2021. MF announced during the meeting with business representatives that based on the draft law that is to be published soon: WHT refund…
On 24th June this year provisions aimed to ease the requirements for residence certificates in the withholding tax (WHT) during the coronavirus threat came into force. Art. 31ya, added to the so-called Shield 1.0. by the so-called Shield 4.0. provides for the following simplifications (they apply to both CIT and PIT): In a case of…
The application of new withholding tax (WHT) rules was divided into 2 steps, but the date of the second step has been again postponed. From 1st January 2019 regulations regarding due diligence and the amended definition of a beneficial owner of payments, important to apply reduced WHT rate, exemption or not to withhold WHT, are…
MDDP’s Real Estate Practice has been successful yet again! Yesterday we received a refund of several million zlotys of withholding tax for our client – the owner of a chain of shopping centres in Poland. The proceedings were precedented under the new regulations on the beneficial owner, actual economic activity and due diligence in WHT…
On 30 December 2019, the Journal of Laws of the Republic of Poland published the Regulation (Regulation) amending the Regulation of 31 December 2018 on the exception or limitation of the withholding tax regulations. Regulations on a specific procedure for withholding tax settlement (collection), which is dedicated for payments above PLN 2 million to one…
Problemy związane z rozliczeniami podatku u źródła stały się gorącym tematem ponad rok temu, kiedy opublikowano pierwszą wersję projektu nowelizacji ustawy o podatku dochodowym od osób prawnych przewidującą znaczne skomplikowanie systemu oraz drastyczne sankcje. Od tamtego czasu podjęto wiele różnych działań, m.in. dwukrotnie w drodze rozporządzenia odroczono obowiązywanie części regulacji oraz po pół roku od…