Prior Lack of Information Exchange with Switzerland Limits Withholding Tax Exemption for Dividends from Poland

In a recent decision, Poland's Supreme Administrative Court clarified that the withholding tax exemption provided by Poland for dividends based on the EU Parent-Subsidiary Directive may not be provided if sufficient information exchange does not exist. The decision concerns dividend payments made in 2011 by a Polish subsidiary of a Swiss Company.

Under Poland's 1992 Corporate Income Tax Law, any deduction or exemption for tax envisaged by the EU Parent-Subsidiary Directive will only be avail…