The European Commission has sent a reasoned opinion to Poland in regard to the Polish legislation that provides for higher taxation of:

  • interest and dividends paid to foreign pension funds and investment funds; and
  • interest paid to foreign financial institutions.  

In the Commission’s view, the relevant Polish laws breach the EC treaty’s restriction on the free movement of capital and freedom to provide services.

If Poland is unable to provide a satisfactory reaction to the reasoned opinion within two months, the Commission may refer the matter to the European Court of Justice.