• 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

©2014 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.

The KPMG logo and name are trademarks of KPMG International.

KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever.

The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

Direct comments, including requests for subscriptions, to
For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at:

+ 1 202 533 4366

1801 K Street NW
Washington, DC 20006.


Share this

Share this


Subscribe to receive the latest TaxNewsFlash email alerts (you must select the option for TaxNewsFlash)

Already a Subscriber? Login

Not a member? Subscribe now