We provide our assistance in the settlement of cross-border transactions from an income tax perspective, with particular emphasis on withholding tax (WHT). Withholding tax has become particularly important in recent years due to significant changes in Polish regulations and development of international case law.
The services provided by Taxpoint in the area of withholding tax and cross-border payments include:
- ongoing advice on tax consequences of cross-border transactions, including assistance in drafting agreements to secure the risks of the agent and of the taxpayer
- assistance in obtaining opinions on the application of preferences and tax refunds under the pay & refund procedure
- WHT reviews (analysis of the calculation and payment correctness and assistance in identifying WHT-related payments, identification of WHT overpayments, tax refund opportunities)
- preparation of a written due diligence procedure tailored to the specific nature of the industry and client’s requirements, together with a set of representations necessary for the application of preferential tax treatment
- support in determining the beneficial owner
- preparation of graphic maps of duties and processes related to WHT adjusted to payments specific to the client’s business
- analysis of the possibility of foreign withholding tax settlement in Poland
- representing clients in WHT inspections and disputes
- assistance in identification of the taxpayer’s permanent establishment (PE) in Poland and abroad, in co-operation with Taxpoint’s foreign partners
- review of existing schemes and transactions from the point of view of regulations implementing EU and OECD regulations (including ATAD, MLI Convention)
- tax training, etc.
