Beneficial owner clause for withholding tax purposes according to the tax explanations of 3 July 2025 – crucial new interpretations of the Polish tax authorities
Publication date: September 01, 2025
The beneficial owner clause is used in the so-called withholding tax. Withholding tax is a flat-rate income tax collected by a tax remitter based in the country where the income was generated. It is collected before the income (e.g. from dividends) is paid to an entity that does not have its registered office in Poland. Sometimes (e.g. under Article 22(4) of the CIT Act) the tax remitter is entitled to an exemption. This is usually the case if the entity to which the payment will be made is based in the EU, the European Economic Area or a country that is a party to a double tax treaty with Poland. In such a case, it is necessary to determine whether the entity to which the payment is to be transferred is the beneficial owner of the payment and, if so, where it is subject to taxation.
