Application for Refund of Finnish Withholding Tax on Dividends, Interest, and Royalties (Non-individual applicants, e.g. a corporate entity), how to fill out the form - Forms 6163e and Enclosure 6167e
Before you fill in the application, read our detailed guidance on the payments of dividends, interest and royalties to nonresidents.
These instructions concern foreign corporate entities’ application for refund of tax-at-source (Form 6163e) and its enclosure (Form 6167e). Detailed instructions for filling in Form 6167e are found at the end of this page. Submit the enclosure together with Form 6163e when you are requesting a refund for more than one dividend batch.
Form 6163e is only for foreign corporate entities requesting a refund of Finnish tax withheld at source on dividend, interest or royalty income paid by a Finnish company. You must fill in a separate refund application for each type of income. In other words, an application for refund of dividend income, for example, may contain only dividend income but it may contain more than one dividend batch.
You can also request a refund of tax-at-source electronically. You can use these same instructions when filling in an electronic application. Electronic applications can be submitted by foreign corporate entity or by agent or representative acting on their behalf.
Make an individual electronic application through the Tax Administration’s e-filing service. Bulk submissions can also be submitted to the Tax Administration through the Ilmoitin.fi service. A bulk submission consists of multiple applications, which are sent in XML format.
Form 6163e cannot be used if:
- The applicant is a natural person. Request refund of a natural person’s tax withheld at source on Form 6164e. Form 6167e can be used as an enclosure with both Form 6163e and Form 6164e.
- The applicant has a permanent establishment in Finland. If the applicant is considered to have a permanent establishment in Finland and the income is attributable to that permanent establishment, the income and the tax withheld at source must be reported on the income tax return (Form 6U). More information on permanent establishments for purposes of income tax
- The Tax Administration’s forms cannot be used by Finnish corporate entities applying for a refund of tax-at-source from abroad. Refunds must always be requested from the country that has withheld the tax-at-source.
You may apply for a refund during the 3 calendar years that follow the year of withholding.
The tax-at-source will not be refunded if the refundable amount is less than €10.
Completing and submitting the application
Select the language of the form. You will receive the decision and any requests for further information in the language you select here:
Enter all amounts in euros. The Tax Administration’s decision also states the refundable amount in euros.
Fill in the form carefully and add any required enclosures in order the application can be processed without delay. Each field on the form is reserved for a specific information. Please fill in only the required details specified for each field. For example, fill in your street address, postal code and city in the separate fields provided on the form. Some entries can be made by attaching a sticker on the form (this may be convenient for addresses or bank account numbers and bank’s address). If you use a sticker, it must stay inside the frame of the appropriate field on the form. However, if you have a sticker indicating the applicant’s official name, you can attach it on the form even if it is larger than the appropriate field.
When your application form arrives at the Tax Administration, it undergoes optical character recognition during scanning and is then saved as a computer file. For this reason, it is important that the QR code on the form is not hidden by a stamp, handwritten text, or any other markings.
You can print out the form on one page or on two pages. If you prefer, you can fill it in by hand.
Send the completed application form to the address stated at the top of the form. If it is more convenient, you can deliver it to any office of the Finnish Tax Administration, or to the address Finnish Tax Administration, Registry, Vääksyntie 4, 00510 Helsinki.
Remember the enclosures and the basis for the application
Include in the application:
- A certificate of residence for the dividend payment years that the application concerns or, in exceptional cases, another official certificate of registration (see Certificate of residence).
- A power of attorney issued by the applicant if the applicant has an agent or a representative acting on its behalf. If the applicant wants the refund to be paid into the agent’s account, the power of attorney must state that the agent is also entitled to receive the refund. If the applicant is represented by more than one agent, all agents’ powers of attorney must be enclosed with the application.
- Verification that the persons signing the application or the power of attorney are authorised to sign for the applicant. Make sure the signers’ names in print are written clearly and are easy to read.
- A receipt or voucher for dividends paid. The voucher must clearly indicate that it concerns a dividend payment. A summary receipt is also acceptable, as long as it is issued or verified by an account operator, a bank or some other intermediary. The Tax Administration may ask the applicant to present a full audit trail from the first payer to the final beneficiary.
- A separate account of the chain of intermediaries, if the chain of intermediaries is too long to be entered in the field reserved for it (field 5.18) or if different dividend batches have different chain of intermediaries. Give the names of all the intermediary banks and account operators that have handled the transfer of the dividend payment from the payer to the final beneficiary, i.e. the applicant (see Intermediary banks).
- A list of sub-funds if the applicant is the main fund or a sub-fund of an umbrella fund (see Umbrella funds).
If the basis for the application is that the applicant is comparable to a Finnish tax-exempt entity, also enclose:
- Grounds for why the applicant is comparable to a tax-exempt Finnish entity:
- If the basis for the application is that the applicant is comparable to a Finnish investment fund or special investment fund, specify the applicant’s legal form and operational features (see Applicant comparable to a Finnish investment fund).
- If the basis for the application is that dividends paid by a publicly listed company to a publicly listed beneficiary are tax-exempt, specify the stock exchange where the applicant was listed and publicly traded on the date of dividend payment. Also state the ticker and the ISIN code.
- If the basis is that the applicant is comparable to a Finnish pension institution, read more in section Pension institutions and life insurance companies.
- A certificate or other documentation issued by the tax authority of the applicant’s country of residence, stating that the country of residence cannot credit the Finnish tax-at-source in full. You can use Form 6161e (Certificate of tax treatment concerning dividends).
Note: Even if the corporate entity has been previously issued a tax-at-source card or granted a refund, grounds must still be stated in the application. If you refer to a previous decision in the grounds, also affirm that the applicant’s circumstances have not changed.
How to complete form 6163e
1 Applicant (beneficial owner)
Enter the applicant’s details here.
1.1 Applicant’s official name
Enter the name of the applicant in its official form, i.e. spell it in the same way as it is spelled in the applicant’s certificate of residence or another official document. If the applicant’s name has changed, report the change in a separate attachment. Indicate in the attachment when the change of name took effect.
1.2–1.3 Accounting period for interest calculation
Fill in the start and end dates of the accounting period when the income was paid to the applicant. If you are filing a refund application for tax-at-source on dividends paid during multiple accounting periods, enter only one accounting period and the dividend batches paid during that period on the form. Report the other accounting periods and their dividend details in an enclosure (Form 6167e). Enclose a separate Form 6167e for each accounting period.
Example 1: The applicant’s accounting period starts on 1 April and ends on 31 March. The applicant was paid dividends on 29 March 2020. Fill in the accounting period 1 April 2019–31 March 2020.
Example 2: The applicant has two accounting periods ending during the calendar year: 1 April 2019–31 March 2020 and 1 April 2020–31 December 2020. The applicant was paid dividends on 15 March 2020 and 1 May 2021. Report the accounting periods separately. Report the accounting period 1 April 2019–31 March 2020 on Form 6163e, filling in the details on the dividends paid on 15 March 2020 in fields 5.9–5.15. Report the accounting period 1 April 2020–31 December 2020 on Form 6167e (enclosure), filling in the details on the dividends paid on 1 May 2020.
1.4–1.6 Postal address
Fill in the postal address, postal code and city in the appropriate fields. If the applicant’s postal address is not in their country of residence, enter the country of postal address in field 1.6.
If the applicant does not have an agent (see section 2), the Tax Administration will send the decision and any requests for further information to the address indicated here.
1.9–1.10 Country of residence
Enter the country code of the applicant’s country of residence. Please note that Finland (FI) cannot be a non-resident taxpayer’s country of tax residence. Enter the country code in accordance with the ISO 3166 standard (www.iso.org). You can check the country code on the page Tax treaties. Note, however, that only the countries that have a tax treaty with Finland are listed on the page.
1.11–1.13 Tax identification number
The tax identification number (TIN) issued by the applicant’s country of residence is required information. If no TIN has been issued for the applicant, give a free-form account explaining this and fill in some other registration number issued by the country of residence in field 1.12. You can leave field 1.13 blank if the applicant does not have a Finnish Business ID.
1.14–1.15 Legal form
Tick the appropriate box in 1.14 to indicate the applicant’s legal form. Enter the applicant’s entity type in the country of residence in field 1.15, and add the applicant’s more specific legal form, if possible. If none of the options available is correct, tick “Other”. In this case, describe the applicant’s legal form in field 1.15 and, if needed, on a separate enclosure.
Example 3: The applicant is a limited liability company. Tick option 1 (Corporate entity) in field 1.14 and specify in 1.15 by adding the description “Limited liability company”.
Example 4: The applicant is an investment fund. Tick option 5: UCITS Collective investment scheme (fund) or option 6: Non-UCITS fund. Specify in 1.15 by adding a description such as “investment fund with variable capital”.
1.16–1.17 Information on listing on a stock exchange
A company is publicly listed if any of its shares, or series of shares, are listed on a stock exchange and traded on a regulated marketplace. Tick the appropriate box in field 1.16, depending on whether the applicant was a listed or a non-listed company when the dividends were paid.
Enter the applicant’s ISIN code in field 1.17. If the applicant has no ISIN code, leave the field blank.
If the company is publicly listed, enclose a free-form account specifying the stock exchange where the applicant was listed and subject to public trading on the date of dividend payment.
If the applicant is part of an umbrella fund, indicate in this field whether it is the umbrella fund’s main fund or sub-fund. If the applicant is a sub-fund, fill in the main fund’s name and tax identification number.
Enclose a list of sub-funds and tick the box “List of sub-funds is enclosed” regardless of whether the applicant is the main fund or a sub-fund. The receipts or other vouchers enclosed with the application must specify to which sub-funds the dividends were paid to.
Read more below in section Further instructions for special circumstances – Umbrella funds.
1.19–1.21 Information on previous refunds
If the applicant has previously requested a refund for tax-at-source from the Tax Administration, tick “Yes” in field 1.19. If the applicant has requested a refund from the payer for at least one of the items of income covered by the application during the year of payment (“quick refund”), tick “Yes” in field 1.20.
If the applicant has previously requested a refund from the Tax Administration for at least one item of income covered by the application, tick “Yes” in field 1.21.
If the Tax Administration has issued any decisions on the applicant’s previous applications, report their registration or decision numbers in field 1.24.
1.22 Is the applicant treated as having a permanent establishment in Finland?
This form can primarily be used only by foreign corporate entities with no permanent establishment in Finland. If the applicant is considered to have a permanent establishment in Finland and the income is attributable to that permanent establishment, the income and the tax withheld at source must be reported on the income tax return (Form 6U). Read more about having a permanent establishment for purposes of income tax.
1.23 Basis for the refund of tax withheld at source
If the refund of the tax-at-source is based on a tax treaty between Finland and applicant’s country of residence, tick “tax treaty between Finland and applicant’s country of residence”. It must be clearly stated in the applicant’s certificate of residence that the applicant is subject to tax in its country of residence within the meaning of the tax treaty between Finland and the applicant’s country of residence.
If the applicant refers to the fundamental freedoms of the European Union, such as the free movement of capital and free right of establishment, and holds that it has been discriminated in taxation at source, tick the box “EU Law”. Also tick “EU law” if the applicant’s request is based on an EU directive. Add a free-form enclosure to describe the grounds in greater detail.
In other cases, tick “other reason”. Enclose a free-form letter to explain why the tax-at-source should be refunded. An example of “other reason” is that the applicant is not entitled to tax treaty benefits and it cannot be considered tax-exempt under national or EU law. Yet it is a corporate entity under Finnish law and therefore entitled to pay tax-at-source at 20% corporate tax rate.
2 Information on the agent or representative signing the application form
If you want the Tax Administration to send the decision and any requests for further information to the agent, enter the agent’s name and address here. If the applicant is represented by more than one agent, enter here the details of the agent that is to receive the decisions and information requests, even if the application is signed by another agent. Also enclose a power of attorney issued for the agent, and verification that the person who has signed the power of attorney is authorised to sign for the applicant. You can verify the right to sign for example by providing a copy of an extract from the trade register or the corporate entity's rules. A notarised power of attorney is also accepted as verification.
The representative’s identifier (field 2.2) makes it possible to distinguish the refund applications submitted by a certain agent from all other applications. It also makes it possible to examine the status of all the applications submitted by a certain agent or representative. The identifier may be, for example, a Finnish Business ID, a tax identification number (TIN) issued by a foreign country or an identifier issued by some other public authority.
3 Bank account number for the refund
This field is for the bank account where the refund will be paid.
In the case of payments made within the Single European Payment Area (SEPA), fill in the account holder’s name, the bank account number in IBAN format and the bank’s BIC code. Note that the country code for the IBAN bank account number and for the BIC code must match. For example, if the IBAN begins with the country code FI, the country code used in the BIC must also be FI.
In payments made outside the SEPA zone, enter a country-specific clearing code and the name and address of the receiving bank, as well as the account holder and the bank account number.
If needed, you can add a reference number of your choice. The Tax Administration will use the reference number when paying the refund. The reference number makes it easier to identify the refunds paid by the Finnish Tax Administration, for example, on the bank statement.
4 Information on the income
This section is for details on dividend, interest or royalty income. Tick the appropriate box in field 4. If the application concerns taxes withheld at source on dividend income, move on to section 5. If the application concerns taxes withheld at source on interest or royalty income, move on to section 6. In the case of a capital refund, tick the box “dividends” and enclose a free-form account of the capital refund.
5.1 Receipt of dividends
Tick the box as appropriate, indicating whether the dividends were paid to the applicant due on nominee-registered shares or the applicant’s direct shareholding. Move on to field 5.7.
Nominee-registered shares are in the name of the nominee registration custodian, not of the actual owner. The payer does not therefore necessarily know the actual owner of the shares. Foreign corporate entities’ Finnish shares are usually nominee-registered
5.2–5.6 Information on the fund or partnership
An applicant requesting a refund of tax-at-source must be the party who is considered to be the taxpayer under Finnish national law. If the income was paid to a foreign flow-through entity, the application should usually be submitted in the name of the said entity.
Partnerships are usually not separately liable for tax: a refund application should usually be filed in the name of a partner. If you file an application in the name of a partner, report details on the partnership in fields 5.2–5.6.
5.7–5.9 Information on the payer
Enter the payer's name in the same form as it is in the receipt or bank statement related to the dividend payment.
If the payer is a listed company, also fill in the ISIN code of the security in field 5.8. The ISIN code is needed to identify the payer.
If the payer is a non-listed company, fill in the payer’s Business ID, as well as its name, in field 5.7 (if Business ID is available). You can check the Business ID in the Business Information System (BIS).
5.10–5.14 Information on the dividend payment
Enter the dividend amount in euros. In the case of multiple dividend batches, complete Form 6167e and enclose it with your application. Note that you may enter information of one accounting period on one form. Fill in and enclose as many forms 6167e as you need. Please note that the dividend batch reported on the main form (Form 6163e) should not be re-entered in the enclosure (Form 6167e).
Report the date when the dividend income was paid in field 5.10.
Enter the number of shares in field 5.11, and enter the gross dividend amount, the tax originally withheld on dividend income and the amount you request to be refunded in fields 5.12, 5.13 and 5.14, respectively. Even if the applicant has already received back some of the tax withheld, fill in the total amount of tax originally withheld in field 5.13.
Example 5: 30% of tax-at-source was withheld on the applicant’s income. The tax-at-source amounted to €1,000. However, the payer adjusted the tax withheld at source during the year of payment and paid back 50% of the tax, i.e. €500, to the applicant. The applicant is now requesting that the Tax Administration should refund the remaining amount of tax (€500, i.e. 15% of the income). Enter €1,000 as the “amount of tax withheld” and €500 as the “amount requested as refund”. Also tick “Yes” in field 1.20.
5.15–5.17 Total amount requested as refund
These fields are for the sum total of all the dividend batches for which you are requesting a tax refund. Enter the total gross amount of all the dividend batches you have reported on Forms 6163e and 6167e, the total amount of tax withheld at source, and the total amount of tax you request to be refunded. If you are requesting a refund for only one dividend batch, enter the same values in fields 5.15–5.17 as in 5.12–5.14.
Example 6: The applicant entered the following information of the dividends paid by company A in Form 6163e: gross amount €1,000, tax withheld at source €300, tax requested to be refunded €150. The applicant also completed Form 6167e, entering the dividends paid by company B: gross amount €500, tax withheld €150 and tax requested to be refunded €75. In fields 5.15–5.17 of Form 6163e, the applicant enters the sum total of the dividends paid by companies A and B: total gross amount €1,500, total tax withheld at source €450 and total tax requested to be refunded €225.
Example 7: The applicant requests a refund for dividends paid by company A. The applicant enters the dividend details in fields 5.12–5.14 of Form 6163e: gross amount €1,000, tax withheld at source €300, and tax requested to be refunded €150. The applicant reports the same details in 5.15–5.17: gross amount €1,000, tax withheld at source €300, and tax requested to be refunded €150.
Give the names of all the intermediary banks that have handled the dividend payment to the beneficiary i.e. the applicant. If different intermediary banks were involved between the dividend batches, give a free-from account of the chain of intermediary banks per each dividend batch.
Example 8: Bank C transfers a dividend amount to the beneficiary, i.e. to the applicant. Bank C has received the amount from a foreign account operator, bank B. Bank B has received the amount from a Finnish account operator, bank A. Bank A paid the dividends on the payer company’s behalf. Enter the names of all intermediary banks in field 5.18. Fill in Bank A, Bank B and Bank C as intermediary banks.
5.19 Form 6167e (enclosure)
You must give detailed information on each dividend batch. If you are requesting a tax-at-source refund for multiple dividend batches, fill in and enclose Form 6167e. See the separate instructions for filling in the enclosure at the end of this page. Note that all the dividend batches must be filed on Forms 6163e and 6167e. Do not use free-form enclosures, for example.
6 Interest payments and royalties
If you have received interest or royalty income rather than dividend income, fill in this section. Follow the same instructions for fields 5.7–5.14 as were given for dividend income.
7 Stock lending and borrowing, and beneficial owner
Tick boxes 7.1–7.4 as appropriate, depending on the type of income and the applicant’s circumstances.
If the applicant is the beneficial owner of the dividends mentioned in the application, tick “Yes” in field 7.1. If you tick “No”, enclose a free-form account explaining why the applicant is entitled to a tax-at-source refund. Fill in this section only if you are filing the application based on the tax treaty between Finland and the corporate entity’s country of residence.
Tick “Yes” in fields 7.2 and 7.3 if the refund application includes shares that have been part of a total return swap, a futures contract or other derivative contract, or if the shares were lent or were part of some other legal or contractual obligation. If you ticked “Yes” in either 7.2 or 7.3, please enclose the agreement on the lending or contractual obligation. Also enclose a free-form account explaining why the applicant is entitled to a refund despite the lending or contractual arrangement.
Tick “Yes” in field 7.4 if the applicant has an unlimited right to shares and their profits. If you answer “No”, please explain why the applicant should still receive a tax-at-source refund.
Read more about the beneficial owner (detailed guidance Payments of dividends, interest and royalties to non-residents, chapter 2.1.2).
Interest payments or royalties
Tick “Yes” in field 7.1 if the applicant is the beneficial owner of the interest or royalties referred to in the application. If necessary, enclose a free-form account of the grounds why the applicant regards itself as the beneficial owner of the interest specified in the application. Fields 7.2–7.4 can be left blank.
Enclose a certificate of residence issued to the applicant for the dividend payment years referred to in the application. In exceptional cases, the certificate of residence can be replaced with another official certificate of registration. A certificate of registration is accepted if the basis for the refund application is not a tax treaty but EU law or some other reason (field 1.23).
Power of attorney and the right to sign for the applicant
Tick the appropriate box if the applicant has authorised an agent to act as its representative. Enclose a power of attorney. In addition, enclose documentation – such as an extract from the trade register or articles of incorporation – verifying that the person who signed the application or the power of attorney has the right to sign for the applicant. Make sure the signers’ names in print are written clearly and are easy to read.
How to complete form 6167e (enclosure)
1.1 Official name
Enter the name of the applicant. Make sure the name is in exactly the same form as in the application (Form 6163e).
1.2 Tax identification number (TIN) in the country of residence
Enter the applicant’s TIN or other registration identifier in the country of residence. Enter the same identifier you used in the application (Form 6163e).
1.3–1.4 Accounting period
Fill in the applicant's accounting period during which the dividends were paid. Report only dividends that were paid during the accounting period in question. If your refund application concerns tax withheld at source on dividends paid during more than one accounting period, fill in the details of one accounting period on Form 6163e. Report the other accounting periods on Form 6167e, completing a separate form for each period. Fill in and enclose as many forms 6167e as you need.
Example 9: The applicant was paid dividends on 1 May 2017, 1 May 2018, and 3 May 2019. The applicant’s accounting period is the calendar year. The applicant completes Form 6163e, entering the details on the dividend batches paid on 1 May 2017. The accounting period reported by the applicant is 1 January 2017–31 December 2017. In addition, the applicant completes two Forms 6167e. One concerns the dividend batch paid on 1 May 2018. The accounting period is 1 January 2018–31 December 2018. The other concerns the dividend batch paid on 3 May 2019. The accounting period is 1 January 2019–31 December 2019.
2 Specification of the dividends
Fill in fields 5.7–5.14 following the instructions given for Form 6163e.
Further instructions for special circumstances
If the basis for the application for refund of tax-at-source is that the applicant should be found comparable to a Finnish investment fund, enclose a free-form account of it. For more information, see the Tax Administration’s detailed guidance: On the taxation of investment funds and the provisions of section 20a of the Income Tax Act.
The free-form account you give must include at least the following:
- The fund’s legal form in the country of residence (e.g. fonds commun de placement (FCP), sondervermögen, värdepappersfond or Delaware Statutory Trust).
- The legal Act under which the fund is established and the rules under which the fund is established (e.g. a contractual agreement or company by-laws). Also specify which government officials supervise the fund.
- If the fund is managed by a separate management company, state the name of the management company. If the fund's assets are held by a separate custodian, state the name of the custodian.
- Is the fund an open ended with variable capital, or closed? If the fund is open-ended with variable capital, state how and how often a unit holder can redeem their units. Also estimate the fund’s total capital.
- Give an account to whom the subscriptions are marketed to, and an estimate of how many direct unit holders the fund has. Report also separately the unit holders who own their shares through a nominee register or a fund unit manager.
- State whether the fund is obligated by law or fund rules to distribute the profits of the accounting period to its unit holders. Also state if the fund distributes dividends or has other profit distribution, and how often.
Comparisons to investment funds from 2020 onwards
In February 2019, the Finnish Parliament adopted the Government Proposal on the Act on Investment Funds (Sijoitusrahastolaki 213/2019) and related legislation (Government Proposal 243/2018). The provisions of the legislative amendment are applied as of 1 January 2020. The amendment affects the decisions on tax-at-source refunds for dividends paid from 2020 onwards. The amendment clarifies the terms “investment funds” and “special investment funds”. Criteria for investment fund's and special investment fund's tax exemption are clarified in the Income Tax Act (Tuloverolaki 1535/1992) and in the Act on the Taxation of Nonresidents' Income (Laki rajoitetusti verovelvollisen tulon verottamisesta 627/1978).
The amendment has an impact on how foreign investment funds requesting a refund of tax-at-source are evaluated in comparison to Finnish investment funds. For this reason, investment funds are required to review if they meet the conditions of tax exemption, even if the fund has received a tax-at-source card or refund decision concerning 2019 or earlier.
For the sake of clarity, it is recommended that the applicant does not combine dividends paid before 2020 and dividends paid in 2020 or later when applying for a tax-at-source refund. The applicant should make two separate applications.
An umbrella fund is a fund that is divided into several sub-unit series or sub-funds but whose sub-funds are legally part of the main fund (“umbrella”). From the legal point of view, only one fund exists.
If the basis for the application is that the entity is comparable to an investment fund and the dividend was paid in or after 2020, fill in the application in the name of the sub-fund.
If the dividends were paid to several sub-funds of the same main fund, you can complete the application in the name of the main fund. If you do so, enclose a free-form itemisation indicating to which sub-fund each of the dividend batch was paid. Starting 2020, you must also give an account showing that each sub-fund meets the conditions for tax exemption.
If the sub-funds have different chains of intermediaries, also give an account of those chains.
Note: In certain countries, a sub-fund is liable to pay tax separately, and the certificate of residence may be issued to a sub-fund. If this is the case, submit the refund application in the name of the sub-fund and fill in all the details from the perspective of the sub-fund.
If the application is based on the applicant being comparable to a Finnish pension institution or life insurance company, fill in the other details on Form 6163e but leave field 5.14 ("amount requested as refund”) blank. If the application concerns more than one dividend batch, also leave the corresponding field on Form 6167e (i.e. field 2.8 “amount requested as refund”) blank. Instead, enter the total refund requested for all the dividend batches, after deductions, in field 5.17 on Form 6163e. Enclose a calculation of all the income items and the taxes withheld at source. Also give detailed information on the deductions and their grounds.
In addition, provide a detailed explanation of the applicant's legal form and operations. For detailed instructions, read the Tax Administration guidance: Taxation of dividends received by foreign entities offering statutory pension insurance (chapter 3.1).
An applicant requesting a refund of tax-at-source must be the party who is considered to be the taxpayer under national law. The tax liability to the income is defined according to Finland’s national law. Flow-through units are usually entities, such as investment funds. According to Finnish national law, an investment fund, for example, is an entity and liable to pay tax separately. Accordingly, a foreign investment fund is also considered to be liable to pay tax separately and to be a party that can apply for a refund of tax withheld at source.
If the income was paid from Finland to a foreign flow-through entity, the application should usually be submitted in the name of the flow-through entity. Even when the dividend income has been paid through a flow-through fund to the final beneficiary, a refund should be requested by the fund and not the final beneficiary.
If a flow-through unit, such as a fund, applies for a refund on behalf of its unit holders based on a tax treaty, enclose an account of these unit holders and the income amounts paid to them. Also enclose a statement explaining why the tax treaty can be applied to the unit holders’ income. Also show each unit holder’s place of tax residence by enclosing a certificate of residence issued by their country of residence.
Example 10: Dividend is paid from Finland to an Austrian flow-through fund that has two Austrian unit holders. The unit holders request that the tax treaty between Finland and Austria should be applied to the income. The application is submitted in the name of the fund, and the Austrian unit holders’ certificates of residence are enclosed. A free-form account explaining why the tax treaty can be applied to the unit holders is also enclosed.
According to Finnish national law, a partnership is an accounting unit, and its profit or loss passes through to its partners and are taxed as their personal income. Partnerships are usually not subject to tax and therefore the refund application should be filed in the name of a partner.
Example 11: A U.S. company 'A LP', which is a limited partnership, receives dividend income from company B. A LP has two partners living in the United States of America: C and D. A LP is not subject to tax in the United States of America: it is an accounting unit.
The partners of A LP are treated as U.S. residents under the tax treaty between Finland and the United States of America. An application for a refund of tax-at-source is filed separately for each partner. The applicant i.e. the partner, requests that the tax treaty between Finland and the United States of America should be applied to the dividend income received by the partner. The partner's application must be accompanied by an account of the partner’s ownership and a certificate of residence issued by the tax authority of the partner’s country of residence.
Depositary receipts (such as ADRs)
A depositary receipt is an independent financial instrument representing the holder’s right to hold shares. Depositary receipts are traded in the stock exchange in the same way as corporate stocks. For example, American Depositary Receipts (ADRs) are traded in some stock exchanges in the U.S. (for example, AMEX, NYSE, and Nasdaq).
If the application concerns dividends that were paid on the basis of a depositary receipt, enclose a free-form account of the matter with the application. Also enclose a receipt of dividend payment, issued to the holder of the depositary receipt. Please note that the Tax Administration pays the refund in euros, even if the dividends were paid in another currency.