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Mgr Monika Boniecka
ORCID: 0000-0002-7987-3626

PhD student at the Department of Constitutional Law at the Faculty of Law and Administration at the University of Adam Mickiewicz University in Poznan.

DOI: 10.33226/0137-5490.2020.3.4
JEL: K34

The article's subject is "look through approach"
conception, proposed by the Ministry of Finance in
published draft of Explanatory Notes to the new
withholding tax regulations. This concept might be
applied in the context of ne beneficial owner definition.
"Look through approach" concept is based on the
possibility of benefiting from preferential principles of
withholding tax in case of an intermediary, which
transferred payment to the beneficial owner. However,
the concept itself was not mentioned directly in the
amendment to the CIT Act, but it was only proposed in
the draft of Explanatory Notes. The article presents the
most important issues connected with new definition of
beneficial owner and the lack of adequate explanations
regarding the application of "look through approach"
concept, that entrepreneurs might meet.

Keywords: withholding tax; beneficial owner; draft of explanatory notes; payments