Poland: Amendments to transfer pricing regulations from January 2015

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Poland: Amendments to transfer pricing regulations from January 2015

dluska.jpg

zurawicki.jpg

Renata Dluska


Arkadiusz Zurawicki

A legislative act dated August 29 2014 (Journal of Laws from 2014, Item 1328) introduces – from January 1 2015 – changes to transfer pricing regulations in Corporate Income Tax Act (CIT Act) and Personal Income Tax Act. Key changes include:

  1. the list of related entities expanded to include partnerships;

  2. new types of transactions/agreements being covered by transfer pricing documentation requirements;

  3. permanent establishments (PEs) also being covered by transfer pricing documentation requirement; and

  4. a possibility to make tax return corrections due to a transfer pricing adjustment of domestic transactions/agreements.

List of related entities expanded to include partnerships

Starting January 1 2015 the definition of related party will cover entities which do not have a legal personality. For taxpayers it means that as of January 1 2015 a partnership must apply the arm's-length principle in any transaction with related parties and must prepare transfer pricing documentation.

New types of transactions/agreements will be covered by transfer pricing documentation requirement

Changes to transfer pricing regulations also impose an obligation to prepare transfer pricing documentation on taxpayers entering into:

  • partnership agreements;

  • joint venture agreements; and/or

  • contracts of a similar nature.

In these cases the requirement to prepare transfer pricing documentation applies to agreements if the total value of contributions by related shareholders or the total value of a joint venture will exceed the equivalent of €50,000 ($62,000) and €20,000 (in the case of agreements made with partners located in tax havens).

PE will be also covered by transfer pricing documentations requirement

Changes to the CIT Act also extend to settlements between Polish entities and their permanent establishments. Therefore, Polish taxpayers must apply the arm's-length principle and must prepare transfer pricing documentation for internal settlements between a Polish taxpayer and its permanent establishment.

Domestic transfer pricing adjustment

Under the new regulations, taxpayers may adjust income generated in transactions between Polish taxpayers, if:

  • the tax authorities recognise the conditions of a transaction made between Polish entities as non-arm's-length and adjust upward the income generated in this transaction by one of the entities; and

  • Polish entities file themselves an adjustment to income after tax inspection has been completed by tax inspection authorities which revealed non-arm's-length prices.

These changes aim to eliminate double taxation of transactions made between domestic related parties.

Applicability of new rules to agreements dated pre-January 1 2015

There are no transitional or grandfathering rules provided regarding applicability of the new law to agreements made before January 1 2015. The Ministry of Finance, however, presents a view that tax authorities may audit the conditions of partnership agreements made before January 1 2015 for arm's-length terms.

Renata Dluska (renata.dluska@mddp.pl) and Arkadiusz Zurawicki (arkadiusz.zurawicki@mddp.pl)

MDDP

Tel: +48 22 322 68 88

Website: www.mddp.pl

more across site & shared bottom lb ros

More from across our site

PwC Ireland has also called for simplifying Ireland’s tax code and a reduction in its capital gains tax in a pre-budget submission
Effective audit management requires more than documentation; it’s the way taxpayers engage that can shape audit direction, manage procedural ambiguity, and preserve options for appeal or litigation
American advisers are falling short of client expectations when it comes to providing value-added services, but remaining tight-lipped won’t make the problem go away
Awards
The Social Impact Awards unveil new categories to reflect a changing legal and social landscape
Australia's approach to tax policy has undergone significant shifts in recent years, reflecting global trends and unique domestic considerations. These developments merit close attention from tax professionals
The UK has temporarily dodged the 50% rate due to a trade deal signed with the US in May; in other news, Ryan acquired a Northern Irish tax firm
Following a $28 million funding round, Aibidia wants to ‘double down’ on the US market via partnerships with the ‘big four’, the Finnish TP tech provider’s CEO tells ITR
The Luxembourg-based TP leader tells ITR about relishing the intellectual challenge of his practice, his admiration for Stephen Hawking, and what makes tax cool
The case to determine whether the tariff regime is constitutional will eventually find its way to the US Supreme Court, ITR has also heard
In other news, the Council of the EU pledged support to a CBAM simplification and exemption initiative, and Portugal issued new VAT filing guidance
Gift this article