MDDP and LOYENS & LOEFF: Polish and Dutch tax developments

In the past few years, MDDP and Loyens & Loeff have organized high-end seminars about the Polish and Dutch tax developments. These seminars are specifically focused on cross border investments from the Netherlands into Poland. Unfortunately, due to COVID-19, we will not be able to organize a physical seminar this year. This year we are organizing an on-line meeting that will take place on 2 December 2020 from 10.00 CET to 12.30 CET.

Bartjan Zoetmulder, Tax partner at Loyens & Loeff, Arthur Smeijer, Senior tax associate at Loyens & Loeff and Machinka Lemmens, Tax associate at Loyens & Loeff with Justyna Bauta-Szostak, Tax partner at MDDP Łukasz Kupień, Senior manager at MDDP and Piotr Paśko manager at MDDP will focus on typical Dutch-Poland investment structures.

Specific program:

• The new protocol to the tax treaty between the Netherlands and Poland (signed between parties on 26 October). In respect of this protocol, we will specifically discuss the newly introduced real estate clause.
• The introduction of a Dutch withholding tax on interest and royalties per 1 January 2021 to low taxed jurisdictions and in case of abusive / hybrid situations.
• Polish withholding tax developments (beneficial ownership, substance and due diligence requirements, tax certificates and requirements for payments over PLN 2 million).
• New withholding tax regulation in respect of sale of shares in Polish real estate companies.
• The anti-hybrid rules of ATAD-II.
• Mandatory disclosure requirements.
• The legislative proposal to impose exit dividend tax upon migrations of Dutch entities.
• Dutch Budget Plan 2021.
• Anti-COVID-19 shield in Poland and solutions resulting therefrom.
• Maximum interest level and its impact on Polish withholding tax, transfer pricing and interest recognition.