Announcement

Poland: Withholding tax exemption on mortgage bonds

Tax | Poland

Reference

Code
A15188
Service level
CBL
Last Updated
30.09.2015

Effective                   

1 January 2016

recent amendments to the Act on mortgage bonds and mortgage banks will result in an exemption of withholding tax when interest is received by non-resident individuals or legal entities.

Impact on customers

As of 1 January 2016, individuals not having residence in Poland and legal persons not having seats or management in Poland will be exempt from tax when receiving interest or discount on mortgage bonds, including the ones issued in a foreign currency (for example, Euro denominated mortgage bonds).

Note: Should a foreign beneficial owner have residence, seat or management in Poland, it will be considered as a resident and taxed accordingly.

Clearstream Banking’s1 depository, Bank Handlowy w Warszawie S.A., has not yet confirmed if a specific certification is required. As soon as confirmation is received, it will be communicated accordingly.

Tax rates applicable as of 1 January 2016

Mortgage bonds (interest paid as of 1 January 2016)

Type of investor

Tax rate

Non-resident Legal entities

0%

Non-resident individuals

0%

Polish residents Legal entity

0%

Polish residents Individuals

19%

Further information

We will continue to monitor the situation with the depository and keep customers informed of any changes as they occur. 

For further information, customers may contact Client Services or their Relationship Officer.

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1. Clearstream Banking refers collectively to Clearstream Banking AG, registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500, and Clearstream Banking S.A., registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg, and registered with the Luxembourg Trade and Companies Register under number B-9248.