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Tax

Withholding tax (WHT) due diligence procedure

For businesses making regular payments to foreign recipients, which want a written procedure for the correct collection, documentation and settlement of Polish withholding tax.

Fee
from 2 300 EUR net
Prices are net, in EUR. VAT depends on your status and place of establishment.

You can order this service directly, without a prior consultation. We confirm the scope and the fee before we start.

Request a quote Book a consultation first
A consultation is optional. To discuss your matter with a lawyer first, you can book a consultation for PLN 600 net + VAT. If you then order the work, its cost is credited against the project fee.

Before we start, we agree and confirm the scope and the fee. The price is indicative and does not constitute an offer within the meaning of the Polish Civil Code.

What it includes

  • Drafting of the withholding tax due diligence procedure
  • Determination of the scope of payments subject to withholding tax
  • Preparation of the verification paths for rates and exemptions
  • A procedure for handling the documentation and the settlement
  • Training of the team on the procedure put in place

What the price does not include

  • Day-to-day collection of withholding tax on individual payments (part of ordinary operations)
  • Representation in control proceedings
  • Analysis of the double taxation treaties

What you receive

  • A complete withholding tax due diligence procedure
  • Procedure documentation prepared for roll-out within the organisation
How it works

How the withholding tax due diligence procedure is put in place

A due diligence procedure is a set of clear rules and controls that keep the collection of the tax correct. Five steps.

  1. Review of the current state

    We map the types of cross-border payments and the procedures currently in use.

  2. Drafting the procedure

    We draft a procedure covering the verification, documentation and settlement steps for withholding tax.

  3. Templates and forms

    We prepare templates, control sheets and forms that make the roll-out easier.

  4. Training

    We train the employees responsible for collecting and settling withholding tax.

  5. Roll-out

    We support the roll-out and carry out verifications during the first period.

Who the withholding tax procedure is for

The procedure matters for companies that make payments to foreign entities on a regular basis. Without clear rules, errors in the collection, the documentation or the settlement are easy to make. Due diligence is a statutory duty of the paying agent, and it is assessed against the nature and the scale of the business conducted. A formal procedure that is actually in use makes it easier to show that the duty was performed, should a tax authority question the collection. The duty has to be met before the payment is made, which is why the procedure is worth putting in place in good time.

What we pay attention to during the roll-out

The procedure has to follow the real flow of payments within the organisation and remain clear to the employees responsible for the collection. We account for the various types of payments, such as interest, dividends, fees for intangible services and royalties, and for the exemptions available where the law provides for them. The procedure also sets out who is responsible for each step, how the documents are kept, and what the escalation path is where doubts arise as to whether the collection is correct.

Price and scope

The fee starts from EUR 2300 net and covers, as an example, one company and one procedure covering the typical cross-border payments. A wider variety of payment types, a larger number of foreign recipients or integration with the IT systems raises the price, and we confirm the fee before the work starts.

What the fee depends on

  • Complexity and variety of the types of cross-border payments in the business
  • Number and type of the payment recipients
  • Requirements for integrating the procedure with the IT systems

We agree the fee individually, at an hourly rate or as a flat fee, and confirm it before we start.

Request a quote

To order this service, describe your matter. A consultation is not required. We confirm the scope and the fee before we start.

Information you share in connection with legal assistance is covered by the professional secrecy of advocates and attorneys-at-law under Polish law.

How to start

You can order this service directly or book a consultation first. A consultation is not required to order the service.

Book a consultationContact us