EVENTS

Webinar: Selected aspects of the Polish reform of withholding tax reform (WHT) - key changes, challenges and emerging trends

We invite you to the second in the series of webinars: “Selected aspects of withholding tax (WHT)” during which the legal conditions surrounding the withholding tax with a particular emphasis on the WHT refund mechanism and the Polish definition of the beneficial owner will be discussed. The online webinar will take place on November 10th, 2020, from 16.30 - 18:00 (open event in Polish).

The keynote speaker will be Dr. Michał Wilk, who specializes in international tax law, in particular advising on withholding tax (his PhD has been devoted to the beneficial owner clause).

More information about the first webinar in the series: Beneficial owner clause and the prohibition on abusing this right with the example of ECJ rulings in Danish cases.

***

Selected aspects of the Polish reform of withholding tax reform (WHT) - key changes, challenges and emerging trends

The reform of the WHT collection mechanism at the beginning of 2019 has permanently changed the Polish practice of applying the rules on taxation of payments made to foreign entities. The centerpiece of changes was the introduction of the WHT refund mechanism (collect and apply for a refund) in place of the hitherto existing preferential mechanism (apply preference at the time of payment - WHT relief). Although the entry into force of the return mechanism has been postponed several times, according to the current state of law, the mechanism should become effective from 01.01.2021.

This fundamental change was additionally accompanied by the introduction of the requirement of due diligence on the part of Polish remitters directly in the regulations and the extension of the clause of the beneficial owner to include the requirement for a substance test of the entity which is the recipient of the payment.

The above tax landscape is affected not only by the emerging jurisprudence of Polish courts on the reformed withholding tax, or by the impact of the jurisprudence of the CJEU, which will be discussed in the October IFA webinar, but also by the plans announced by the Ministry of Finance to modernize the refund mechanism. The aim of the webinar devoted to the Polish withholding tax reform is to systematise the existing knowledge on the subject and to attempt to assess the changes so far and proposed, together with the observable trends in the practice of Polish taxpayers and tax authorities.

***

AGENDA:

16:30 - 16:35 Introduction - dr Wojciech Sztuba
16:35 - 17:05 Selected aspects of the Polish WHT reform on the example of the WHT refund mechanism and the definition of the beneficial owner - dr Michał Wilk
17:05 - 17:20 Current dimensional befaviour in the context of tax proceedings on the basis of Polish beneficial owner clause and look-through approach: basic arguments of tax authorities
and anticipated directions of their development – dr Błażej Kuźniacki
17:20 - 17:35 Assessment of the changes to the WHT return mechanism considered by the lawmakers and the definition of the beneficial owner- Michał Nowacki
17:35 - 17:55 Q&A - dr Filip Majdowski (moderator)
17:55 - 18:00 Summary - dr Wojciech Sztuba

***

REGISTRATION

Participation in the event is free but registration is required: Selected aspects of withholding tax (WHT) - webinar II

Limited number of places. Confirmation of participation will be sent in separate correspondence.

***

Download brochure (pdf): Selected aspects of withholding tax (WHT)

***

Series of webinars under the patronage of dr Michał Wilk’s podcast „Dzień Dobry Podatki”.