Form descriptions – Standard refund – Lithuanian securities
Letter of Request to Clearstream Banking for reclaim of Lithuanian Withholding Tax
Completed by the client and authorising Clearstream Banking to reclaim withholding tax from the Lithuanian Tax Authorities on behalf the beneficial owner.
Who completes it? | Client. |
How often is it provided? | Per reclaim application. |
When is it provided? | At the latest two months before the statutory deadline. |
Copy or original? | Original required. |
DAS-2 Official Claim form
This form must be used by beneficial owners for reclaiming withholding tax on Lithuanian securities.
The DAS-2 Form must be completed as follows:
- First row of the form: beneficial owner country of residence to be completed.
- Section I: to be completed by the beneficial owner, except the last four fields (that is, name of the bank, code of the bank, address of the bank and number of the bank account) that must be left blank.
- Section V: to be completed, dated, stamped (if applicable) and signed by the beneficial owner.
- Section VI: to be completed, dated, stamped and signed by the tax authority in the country of beneficiary’s residence. in case recipient’s country’s tax authority does not confirm such forms, recipient should alternatively obtain the tax residence certificate from its country’s tax authority confirming that recipient is treated as a resident in that country based on the provisions of DTT concluded between Lithuania and the country of residence. The obtained certificate should be attached to a pre-filled DAS-2 form. Moreover, in the field “Pridedama” it should be indicated “residence certificate is attached”.
All other sections of the DAS-2 must be left blank to be completed by the responsible entity (for example issuer).
Who completes it? | Beneficial owner. |
How often is it provided? | Per reclaim application completed by each beneficial owner in two originals |
When is it provided? | At the latest two months before the statutory deadline. |
Copy or original? | Original required. |
Certificate of residence
If the part VI on the DAS-2 form is not completed by the beneficial owner’s local tax authorities, a Certificate of Residence, issued by the beneficial owner’s tax authorities, can be submitted instead. To be accepted by the Lithuanian Tax Authorities, the Certificate of Residence must be translated into the Lithuanian language.
Who completes it? | Local tax authorities. |
How often is it provided? | Per reclaim application. |
When is it provided? | At the latest two months before the statutory deadline. |
Copy or original? | Original required. |
Power of Attorney
If the client or a third party is completing a form on behalf of the beneficial owner, a Power of Attorney (POA) must be provided.
According to the general principles such POAs need to be notarised (with an apostille). The term of the POA may be fixed or open-ended. Where the term of the POA fails to be indicated, the POA shall be valid for one year as of the day on which it was granted. The POA can also be revoked at any time.
Who completes it? | Beneficial owner. |
How often is it provided? | Once – valid until revoked unless otherwise specified in the POA. |
When is it provided? | At the latest two months before the statutory deadline. |
Copy or original? | Original – notarised (if needed with an apostille).a |
a. Standard notarisation (“legalisation”) is deemed sufficient as a general rule. However, if the beneficial owner is domiciled in a 1961 Hague Convention adhering country, the legalisation does not apply (per the convention) and a certification with apostille is required. If the beneficial owner is domiciled in any of the following countries, none of the legalisation and certification (with apostille) requirements apply to the Power of Attorney: Estonia, Latvia, Moldova, Russia, Ukraine.
Power of Attorney in favour of Nasdaq CSD SE Lithuanian Branch
Must be provided by the beneficial owner, granting them the right to apply for standard refund, to represent the beneficiary in from of the Lithuanian Tax Authorities, to receive the refunds paid for the respective refund application.
The Power of Attorney must be notarised (if needed with apostille) and remains valid until revoked.
Who completes it? | Beneficial owner. |
How often is it provided? | Once – valid until revoked |
When is it provided? | At the latest two months before the statutory deadline. |
Copy or original? | Original – notarised (if needed with apostille).a |
a. Standard notarisation (“legalisation”) is deemed sufficient as a general rule. However, if the beneficial owner is domiciled in a 1961 Hague Convention adhering country, the legalisation does not apply (per the convention) and a certification with apostille is required. If the beneficial owner is domiciled in any of the following countries, none of the legalisation and certification (with apostille) requirements apply to the Power of Attorney: Estonia, Latvia, Moldova, Russia, Ukraine.
Credit Advice
Identifies dividend payment details including the security type, gross amount of payment, date of payment and amount of tax withheld. The credit advice must reconcile with the information in the refund form.
Furthermore the full chain of credit advices is required as proof of payment from Clearstream Banking to the final beneficial owner. This means that, if the beneficial owner is the client’s client, the credit advice from the client to the beneficial owner must be provided in addition to the Clearstream Banking credit advice.
Who completes it? | Each financial institution in the custody chain |
How often is it provided? | Per reclaim application. |
When is it provided? | At the latest two months before the statutory deadline. |
Copy or original? | Original required. |