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  • Service: Tax, International Tax
  • Type: Regulatory update
  • Date: 10/2/2013

Poland - Withholding tax refund claim by U.S. RIC  

October 2: The Court of Justice of the European Union (CJEU) in early September 2013 held a hearing in a case concerning a claim for refund of Polish withholding tax made by a U.S. regulated investment company (RIC).

The case was referred to the CJEU by the Polish district administrative court in Bydgoszcz.


The U.S. RIC had filed an application for refund of overpaid taxes with the Polish tax authorities, asserting that under the EU Treaty’s free movement of capital principle, the RIC would be entitled to the same tax exemption with respect to Polish sourced dividend income as would Polish investment funds.


The issues discussed at the CJEU hearing included the comparability of U.S. investment funds to Polish and EU investment funds and whether the free movement of capital principle applied to certain third-country claimants.


Read an October 2013 report [PDF 168 KB] prepared by the KPMG member firm in Poland: CJEU case no C-190/12 – U.S. RIC’s withholding tax refund claim in Poland




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