Article 28A - Limitation of Benefits - Poland

[REPLACED by paragraph 1 of Article 7 of the MLI] 1 [ARTICLE 28A LIMITATION OF BENEFITS Benefits of this Agreement shall not be available (a) to a resident (not being an individual) of a Contracting State if the main purpose or one of the main purposes of the creation or existence of such a resident; or (b) with respect to any arrangement or transaction undertaken by a resident of a Contracting State, if the main purpose or one of the main purposes of the creation or existence of such an arrangement or transaction, was to obtain the benefits under this Agreement. ] ] The following paragraph 1 of Article 7 of the MLI replaces Article 28A of this Agreement: ARTICLE 7 OF THE MLI PREVENTION OF TREATY ABUSE (Principal Purposes Test provision) Notwithstanding any provisions of [the Agreement], a benefit under [the Agreement] shall not be granted in respect of an item of income if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of [the Agreement]. **************** NOTES:- 1 . Inserted vide Notification No. 47/2014 dated 24-09-2014