Market Taxation Guide - Poland

02.03.2020

This Market Taxation Guide (Poland) provides the following details:

  • Reference information about all taxes applied at source, through Clearstream Banking1 and its local depositories, to securities deposited in Clearstream Banking; and
  • Instructions for obtaining relief at source or a refund of withholding tax, where these are available, through Clearstream Banking.

New and improved tax information and procedures that become available will be included on an ongoing basis.

Important note:

This Market Taxation Guide (including any attachments and other links) is for informational purposes only and is not intended and should not be considered to be legal advice on any subject matter. Readers of this Market Taxation Guide, whether customers or otherwise, should not act or refrain from acting on the basis of any information included in this Market Taxation Guide without seeking appropriate legal or other professional advice.

Withholding tax

Debt Securities

Holding restriction

Withholding tax rate

Relief at source

Quick refund

Standard refund

No

20%

Individuals (resident and non-resident)a

Yes

Yes

Yesb

Foreign central banks

Yes

Yes

Yes

Supranational or international organisations

Yes

Yes

Yes

Foreign governments, foreign administrative sub-divisions and foreign local authorities

Yes

Yes

Yes

Foreign banks and investment firms (as defined in EU MiFiD regulations)

Yes

Yes

Yes

Entities specifically mentioned in the DTT signed between Poland and their country of residence

Yes

Yes

Yes

Residents of DTT countries (Legal entities and individuals)

No

No

Yes

EU/EEA investment/pension funds

No

No

Yes

EU investors with participation holding

No

No

Yes

  1. A reduced rate of 19% is applicable to Individuals (resident and non-resident)
  2. Standard refund is not available to Polish residents

Equities

Holding restriction

Withholding tax rate

Relief at source

Quick refund

Standard refund

No

20%

Supranational or international organisations

Yes

Yes

Yes

Foreign governments, foreign administrative sub-divisions and foreign local authorities

Yes

Yes

Yes

Foreign banks and investment firms (as defined in EU MiFiD regulations)

Yes

Yes

Yes

Entities specifically mentioned in the DTT signed between Poland and their country of residence

Yes

Yes

Yes

Residents of DTT countries (Legal entities and individuals)

No

No

Yes

EU/EEA investment/pension funds

No

No

Yes

EU investors with participation holding

No

No

Yes

Capital gains tax

There is no capital gains tax withheld through Clearstream Banking on securities held in Clearstream Banking. Capital gains tax may however be payable on specific gains. Clearstream Banking does not assist in this regard. Please consult your tax advisor for further information.

Stamp Duty

There is no stamp duty withheld through Clearstream Banking on securities held in Clearstream Banking. Stamp duty may however be payable on specific transactions. Clearstream Banking does not assist in this regard. Please consult your tax advisor for further information.

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1. “Clearstream Banking” refers collectively to Clearstream Banking S.A. and Clearstream Banking AG (for Clearstream Banking AG customers using Creation accounts)