Publication date: January 14, 2025
Practical comments on beneficial owner, treaty shopping, beneficial owner clauses for dividends, beneficial owner clauses for interest, substitute companies and abusive clauses, the status of a beneficial owner in various types of intermediary centres between service orderers and service providers, withholding tax on interest paid within the cash pooling structure.
Basic definitions
The look-through approach (also known as LTA) is an issue in international tax law concerning the problem of double taxation, also related to the issue of the so-called withholding tax. It allows for the application of preferential double taxation rates based on a double taxation treaty concluded between Poland and the country of the beneficial owner’s seat, in the scope most often concerning dividends, interest and royalties. However, only an entity with the status of a beneficial owner, is entitled to such privileges.
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Publication date: January 14, 2025
When considering infringement of a company’s logo or name in light of the provisions of the Civil Code[1], it is necessary to analyze in detail the claims to which the company is entitled and the legal grounds on which they can be based. The company’s logo and name are elements of the designation that individualizes the entrepreneur on the market, which is reflected in the provisions on the protection of personal rights and the right to a company.
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Publication date: January 14, 2025
Introduction
Super generics, often referred to as hybrid medicines in the European Union (EU) and complex generics in the United States (US), represent an important and growing category of pharmaceutical products. These medicines generally share a similar active substance with an already authorized product but differ significantly in their formulation, strength, route of administration, or indications. Such differences introduce additional value, enhancing therapeutic outcomes or addressing patient needs that existing generics may not fully meet.
In the EU, hybrid medicines are regulated through the European Medicines Agency (EMA). The hybrid application pathway is used for products that demonstrate therapeutic improvements over the reference medicine. This could include differences in dosage forms or additional indications, but the active substance remains the same. Hybrid medicines must meet the standard regulatory requirements for generics while demonstrating clinical efficacy and safety improvements related to the innovation. The EMA’s scientific assessment is central to determining whether the added value is sufficient to justify market approval.
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Establishing companies in Poland by foreigners
Publication date: January 13, 2025
general information about the profit and loss statement
Establishing a company in Poland by foreigners is possible, but requires meeting certain conditions, which vary depending on the origin of the foreigner. EU and EEA citizens can establish a business on the same terms as Poles. US and Swiss citizens can conduct business on the basis of international agreements. Ukrainian citizens can establish companies on the basis of specific regulations regarding assistance to Ukrainian citizens.
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Publication date: January 13, 2025
The obligation to pay withholding tax occurs when an entrepreneur uses services provided by foreign business partners. This type of fee is a flat-rate form of income tax, concerning specific transactions regulated in Article 29 of the Personal Income Tax Act[1]. “Income tax [is collected, among others] from income obtained in the territory of the Republic of Poland by persons [who do not have a place of residence in the territory of the Republic of Poland]:
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