The Polish CFC rules do not apply to a non-resident company if the non-resident company is established and subject to tax on the worldwide income in a EU/EEA country, provided it meets the substantial genuine business activity test. When assessing whether a CFC carries out a genuine economic activity, the Polish CFC rules recommend paying particular notice to whether: (i) the registration of a CFC matches an actual establishment intended to carry on genuine economic activities, i.e. the company has local, qualified personnel and the requisite equipment; (ii) a CFC has been created as a structure functioning in isolation for economic reasons; (iii) the premises, personnel or equipment of a CFC are commensurate with the scope of its activities; (iv) arrangements concluded by the CFC are consistent with economic reality, have an economic justification, and are not manifestly contrary to the general economic interests of the company; and (v) a CFC independently performs its basic economic functions with the use of its own resources, including managers at the company’s location.