Holding companies as beneficial owners and intermediaries of dividends
Many issues in an application of a tax regulation concerning a withhold tax appeared with an entry into force of an amendment to the Corporate Income Tax Act from 2019. Legal definition of a beneficial owner has generated numerous problems in applying tax exemption by holding companies, due to dispu...
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| Format: | Article |
| Language: | English |
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Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
2024-03-01
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| Series: | Prawo Budżetowe Państwa i Samorządu |
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| Online Access: | https://apcz.umk.pl/PBPS/article/view/51491/40961 |
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| _version_ | 1849318297267339264 |
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| author | Oskar Winnicki |
| author_facet | Oskar Winnicki |
| author_sort | Oskar Winnicki |
| collection | DOAJ |
| description | Many issues in an application of a tax regulation concerning a withhold tax appeared with an entry into force of an amendment to the Corporate Income Tax Act from 2019. Legal definition of a beneficial owner has generated numerous problems in applying tax exemption by holding companies, due to disputes addressing a question if holding companies fulfils requirements of a definition of “actual economic activity”. This definition (which is included in Article 24a(18) of Corporate Income Tax Act) is essential to use tax exemption from Article 22(4) of Corporate Income Tax Act. The article is focused on regulations on an exemption from withholding tax applied in relation to holding companies. It is claimed that holding companies are able to fulfil, in broaden meaning, the definition of the beneficial owner. The second part of the article focuses on the possibility of using a “look through approach” when a holding company is only an intermediary. This view is verified in particular from a perspective of newly published explanations from 28 September 2023 of the Ministry of Finance. |
| format | Article |
| id | doaj-art-d77a51c66aca4e28b6cecab892ffa7fa |
| institution | Kabale University |
| issn | 2300-9853 2353-7086 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika |
| record_format | Article |
| series | Prawo Budżetowe Państwa i Samorządu |
| spelling | doaj-art-d77a51c66aca4e28b6cecab892ffa7fa2025-08-20T03:50:53ZengWydawnictwo Naukowe Uniwersytetu Mikołaja KopernikaPrawo Budżetowe Państwa i Samorządu2300-98532353-70862024-03-01121759810.12775/PBPS.2024.005Holding companies as beneficial owners and intermediaries of dividendsOskar Winnicki0https://orcid.org/0009-0006-2079-8787University of Wrocław, PolandMany issues in an application of a tax regulation concerning a withhold tax appeared with an entry into force of an amendment to the Corporate Income Tax Act from 2019. Legal definition of a beneficial owner has generated numerous problems in applying tax exemption by holding companies, due to disputes addressing a question if holding companies fulfils requirements of a definition of “actual economic activity”. This definition (which is included in Article 24a(18) of Corporate Income Tax Act) is essential to use tax exemption from Article 22(4) of Corporate Income Tax Act. The article is focused on regulations on an exemption from withholding tax applied in relation to holding companies. It is claimed that holding companies are able to fulfil, in broaden meaning, the definition of the beneficial owner. The second part of the article focuses on the possibility of using a “look through approach” when a holding company is only an intermediary. This view is verified in particular from a perspective of newly published explanations from 28 September 2023 of the Ministry of Finance.https://apcz.umk.pl/PBPS/article/view/51491/40961holding companywithholding taxbeneficial ownerlook through approach |
| spellingShingle | Oskar Winnicki Holding companies as beneficial owners and intermediaries of dividends Prawo Budżetowe Państwa i Samorządu holding company withholding tax beneficial owner look through approach |
| title | Holding companies as beneficial owners and intermediaries of dividends |
| title_full | Holding companies as beneficial owners and intermediaries of dividends |
| title_fullStr | Holding companies as beneficial owners and intermediaries of dividends |
| title_full_unstemmed | Holding companies as beneficial owners and intermediaries of dividends |
| title_short | Holding companies as beneficial owners and intermediaries of dividends |
| title_sort | holding companies as beneficial owners and intermediaries of dividends |
| topic | holding company withholding tax beneficial owner look through approach |
| url | https://apcz.umk.pl/PBPS/article/view/51491/40961 |
| work_keys_str_mv | AT oskarwinnicki holdingcompaniesasbeneficialownersandintermediariesofdividends |