- 23 November 2023
- 10:00 - 11:30
Webinar I WHT and ATAD II (hybrid mismatches) practice in Poland and the Netherlands
WHT is one of the hot tax topics in last years in Poland. Both the provisions and practice become stricter and vaguer. Polish Ministry of Finance guidelines only intensified these issues. In our webinar we will discuss available options for tax remitters and taxpayers to navigate through such WHT landscape. In this context, it is among other things of key importance how the recipient of the income has organized its business organisation in its jurisdiction of residence (e.g., the Netherlands) in terms of the level of substance and beneficial ownership.
ATAD II provisions (prevention of hybrid mismatches) hasn’t reached first pages of tax newspapers yet, but nevertheless they concern considerable portion of taxpayers. It may significantly affect tax position of companies from international groups who have entities from the US (due to their check-the-box election mechanism) and tax havens. ATAD II provisions may also pose tax obligations on entities who do not have knowledge or do not engage directly in hybrid transactions, if the hybrid mismatch arises at the subsequent steps of the structure or transaction. It should therefore be ensured that the potential implications of ATAD II are reviewed taking into account the entire (financing) structure.
In this respect we would like to invite you on next webinar organized jointly by MDDP and Loyens Loeff.
The webinar will be conducted in English and is free of charge.
During the webinar, among others, the following points shall be discussed:
ATAD II (hybrid mismatches) – 45 min total
- General rules
- Double deduction – Case Study 1: Check the box mechanism/ qualification of permanent establishments
- Deduction without inclusion – Case Study 2: Financing from shareholder from the US
- Imported hybrid mismatches –
Case Study 3: Financing from the Netherlands
WHT – 45 min total
- WHT rules
- Guidelines, case law and its application
- Future outlook
- Conducting actual economic activity (substance)
- Beneficial owner status requirements (other than substance)
- Possibility of look-through approach
- Managing WHT position
- Improving beneficial owner status
- Insurance possibilities
- Other payment titles