Capital gains in Poland - Swiss tax residency


I know that there is a quite numerous representation of Poles here so maybe I am lucky and I found someone with the same case.

I made some money on Polish stock exchange but I am a Swiss tax resident of course (mainly capital gains from selling shares but also some dividends).
Do I have to submit/pay any taxes to the Polish tax office? In my account in e-Urzad Skarbowy they have this info from the bank and ask me to pay taxes (PIT-38 form).
I know that it depends on the tax treaty between PL and CH but perhaps some of you already went through it :slight_smile:
Many thanks!

I don’t really know, but maybe it’s the same principle as with renting? So money earned in Poland (eg. from renting the apartment) should be taxed in Poland, but then it also affects tax rate in Switzerland too?

No, as a Swiss tax resident (with the usual “unbeschränkte Steuerpflicht”), you’re taxed in Switzerland for worldwide income from stocks, although capital gains are tax-free as private investor, of course. I.e., unlike foreign real estate, the dividend income (and wealth) from foreign stocks doesn’t just affect the tax rate in Switzerland.

You may be able to get a Swiss tax credit for foreign withholding taxes (DA-1) depending on the tax treaty but the primary taxation would still be in Switzerland.

As far as I know, most countries do not tax non-residents if they invest into stocks in that country, with the exception of withholding taxes on dividends. However, there are some countries that may tax non-residents, mainly if you’re a citizen of that country (e.g. US) or if you’ve recently been a resident. I don’t know whether this applies to Poland or not.


They have this info from your Polish bank? Have you informed them when you moved to Switzerland and became a Swiss (tax) resident?


@Frugo: I guess that to be on safe side, the best would be just to ask Polish tax authorities.

I tried last year to ask and they said that it depends on the Polish-Swiss Tax Treaty but they did not know what is in the Polish-Swiss Tax Treaty :laughing:

I know I can read it myself but I do not really like reading tax agreements because they are really ambiguous.

Yes, they got the info from the bank, even the precise numbers. Both tax authorities and the bank know that I am a non-resident.
In general I agree with you @jay, and I was quite sure about it until I got the tax form and the amount of tax to pay in the e-tax system in Poland :slight_smile:

Don’t think there’s much surprising in it. Seems to mostly default to being taxed in the place where one is resident of.

Edit: there might be a 15% tax on dividend but I’d expect that to be withheld at source.

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