Mandatory withholding tax deduction – new effective date

2 July 2021

Yet another draft regulation postponing the effective date of the "pay-and-refund" mechanism, this time until 31 December 2021, has been published in June. In this mechanism, withholding agents have to deduct withholding tax at the domestic rate (19/20%) on payments exceeding 2 million zloty, and then the payee has to apply for a tax refund. The previously postponed effective date was 30 June 2021.

This new postponement gives the taxpayers an opportunity to get ready for the new regulations, especially as regards:

• the due care procedure and identification of the beneficial owner;
• protection of management board members and finance managers from liability;
• the application for WHT refund, application for opinion on the eligibility for exemption or the withholding agent's statement.