Form descriptions - Standard refund – Lithuanian securities

20.05.2022

Letter of Request to LuxCSD for reclaim of Lithuanian Withholding Tax

Completed by the customer and authorising LuxCSD to reclaim withholding tax from the Lithuanian Tax Authorities on behalf the beneficial owner.

Who completes it?

Customer.

How often is it provided?

Per reclaim application.

When is it provided?

At the latest two months before the statutory deadline.

Copy or original?

Original required.

DAS-2 Official Claim form

This form must be used by beneficial owners for reclaiming withholding tax on Lithuanian securities.

The DAS-2 Form must be completed as follows:

  • First row of the form: beneficial owner country of residence to be completed.
  • Section I: to be completed by the beneficial owner, except the last four fields (that is, name of the bank, code of the bank, address of the bank and number of the bank account) that must be left blank.
  • Section V: to be completed, dated, stamped (if applicable) and signed by the beneficial owner.
  • Section VI: to be completed, dated, stamped and signed by the tax authority in the country of beneficiary’s residence. in case recipient’s country’s tax authority does not confirm such forms, recipient should alternatively obtain the tax residence certificate from its country’s tax authority confirming that recipient is treated as a resident in that country based on the provisions of DTT concluded between Lithuania and the country of residence. The obtained certificate should be attached to a pre-filled DAS-2 form. Moreover, in the field “Pridedama” it should be indicated “residence certificate is attached”.

All other sections of the DAS-2 must be left blank to be completed by the responsible entity (for example issuer).

Who completes it?

Beneficial owner.

How often is it provided?

Per reclaim application completed by each beneficial owner in two originals

When is it provided?

At the latest two months before the statutory deadline.

Copy or original?

Original required.

Certificate of residence

If the part VI on the DAS-2 form is not completed by the beneficial owner’s local tax authorities, a Certificate of Residence, issued by the beneficial owner’s tax authorities, can be submitted instead. To be accepted by the Lithuanian Tax Authorities, the Certificate of Residence must be translated into the Lithuanian language.

Who completes it?

Local tax authorities.

How often is it provided?

Per reclaim application.

When is it provided?

At the latest two months before the statutory deadline.

Copy or original?

Original required.

Power of Attorney

If the customer or a third party is completing a form on behalf of the beneficial owner, a Power of Attorney must be provided.

Who completes it?

Beneficial owner.

How often is it provided?

Per reclaim application.

When is it provided?

At the latest two months before the statutory deadline.

Copy or original?

Original or authenticated copy required.

Power of Attorney in favour of Nasdaq CSD SE Lithuanian Branch

Must be provided by the beneficial owner, granting them the right to apply for standard refund, to represent the beneficiary in from of the Lithuanian Tax Authorities, to receive the refunds paid for the respective refund application. 

The Power of Attorney must be notarised (if needed with apostille) and remains valid until revoked.

Who completes it?

Beneficial owner.

How often is it provided?

Once – valid until revoked

When is it provided?

At the latest two months before the statutory deadline.

Copy or original?

Original notarized (if needed with apostille)

Credit Advice

Identifies dividend payment details including the security type, gross amount of payment, date of payment and amount of tax withheld. The credit advice must reconcile with the information in the refund form. 

Furthermore the full chain of credit advices is required as proof of payment from LuxCSD to the final beneficial owner. This means that, if the beneficial owner is the customer’s client, the credit advice from the customer to the beneficial owner must be provided in addition to the LuxCSD credit advice.

Who completes it?

Each financial institution in the custody chain

How often is it provided?

Per reclaim application.

When is it provided?

At the latest two months before the statutory deadline.

Copy or original?

Original required.