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Area of support / 08

Withholding tax (WHT)

Plan cross-border payments with the right documentation. We support withholding agents with Polish WHT analysis, tax relief verification, refunds and disputes.

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01One lead partner
0270+ specialists in Poland
03Legal · Tax · Finance · Audit
04International support

Scope of support

Expertise aligned with your objective and the stage of the matter.

  1. 01Classification of cross-border payments
  2. 02Exemptions and reduced rates
  3. 03Beneficial ownership and due diligence
  4. 04Pay-and-refund mechanism
  5. 05Relief opinions and tax refunds
  6. 06WHT audits and proceedings
01

Check obligations before payment

We analyse dividends, interest, royalties and service fees. Not every cross-border payment is subject to WHT. The substance of the payment, its recipient and the applicable legal basis matter, not simply the invoice description.

02

Relief requires verification

We review domestic rules, the relevant tax treaty and the conditions for relief. Our assessment considers the evidence and circumstances of each payment.

  • Payment type and recipient jurisdiction
  • Tax residence and recipient status
  • Relationships and shareholding conditions where relevant
  • Evidence supporting the proposed treatment
03

Beneficial ownership

We help examine the recipient’s role, activities and control over the income. Where beneficial ownership is relevant, the assessment goes beyond collecting a declaration.

04

Practical due diligence

We organise counterparty checks and records of decisions. We establish responsibilities for gathering and updating documents and identify circumstances requiring further analysis.

  • Payment and risk mapping
  • Document requirements and verification scope
  • Internal responsibilities
  • Evidence retention and data updates
05

Pay and refund

We assess whether payments fall within the collection-and-refund mechanism and examine available options. The analysis considers payment type, relationships, amounts and current statutory conditions.

06

Relief opinions and refunds

We assist with applications and evidence concerning the payment, residence, recipient and basis for relief. We support responses to authority requests and the proceedings. Eligibility for an opinion or refund is assessed individually.

07

Audits and disputes

We examine the documentation and the authority’s position, prepare explanations and develop arguments. We support clients during audits, proceedings and challenges to decisions.

08

How we start

We identify payments, establish the legal basis, assess relief conditions and specify the evidence required. We then agree the proposed treatment and ongoing support. Changes in recipients, financing or group structure may call for a fresh review.

Mikołaj Stanisławski

Your team contact

Mikołaj Stanisławski

Advocate

Advocate and Associate at Russell Bedford. He has been with Russell Bedford Poland since 2017.

Explore the expert’s experience →

Frequently asked questions

Is a tax residence certificate sufficient?

Not always. Verification depends on the payment and the basis for relief. Additional documents and an assessment of the recipient may be necessary.

When should I contact an adviser?

Preferably before the first payment or entering into financing or licensing arrangements. Support is also available after tax has been withheld and during audits.

Do you handle WHT refunds?

Yes. We assess the grounds for a refund, prepare evidence and support the proceedings. Outcomes cannot be guaranteed without assessing the specific case.

What information is needed initially?

Payment type and amount, recipient details and jurisdiction, relationships between the parties and the planned payment date. Confidential documents should be shared through an agreed secure channel.

This page provides general information. Recommendations require an individual review of the circumstances and applicable rules.

Our approach

One matter. One team accountable for the whole picture.

We combine legal, tax, financial and operational perspectives, so recommendations are practical to implement — not merely correct on paper.

  1. 01Classification of cross-border payments
  2. 02Exemptions and reduced rates
  3. 03Beneficial ownership and due diligence
  4. 04Pay-and-refund mechanism

Contact

We start with context, not a ready-made answer.

Tell us your objective, current stage and most important risks. We will select the right team and recommend the next steps.

Contact us