International Tax Review is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Poland: Amendment to CIT Act – transfer pricing modifications

Sponsored by

sponsored-firms-mddp.png
One of the key features of the Dutch corporate income tax regime is its fiscal unity regime

Revolutionary modifications in transfer pricing (TP) regulations, introduced by the Corporate Income Tax (CIT) law amendment valid since January 1 2017, may be followed by more changes binding from 2018.

Revolutionary modifications in transfer pricing (TP) regulations, introduced by the Corporate Income Tax (CIT) law amendment valid since January 1 2017, may be followed by more changes binding from 2018. A new draft CIT Law amendment was signed by the President on November 22 2017.

It introduces the below modifications.

No limit for expenditure on intangible services in the case of an APA

The amendment provides for the possibility of recognising all intangible and legal assets as tax-deductible costs if the taxpayer draws up an advanced pricing agreement (APA) with the chief of the National Tax Administration (NTA).

This rule can be applied during the term of the APA as well as both the tax year when the decision was made and the preceding year.

APA transactions exempt from TP documentation requirement

The legal amendments introduce another advantage for taxpayers who have APAs. An APA is already an effective method of mitigating tax risk and from January 1 2018 it also becomes exempt from the obligation for taxpayers in terms of preparing transfer pricing documentation. The exemption is available to taxpayers who receive a relevant decision from the chief of the NTA.

Arm's length nature of transactions in tax capital groups (TCG)

From January 1 2018, the provisions were repealed under which companies in TCGs were able to agree between themselves conditions of a transaction which might differ from the conditions available to unrelated entities. Therefore, effective January 1 2018, TCG entities must set the terms and conditions of transactions carried out with other TCG members at the market level.

Moreover, the amendment introduces an exemption from the obligation to prepare TP documentation for transactions between TCG entities. This obligation will now apply solely to transactions or other events between TCG entities with related parties outside the TCG.

Exemptions from documentation obligations for entities related solely through the state treasury or a local government unit

These TP provisions do not apply to entities that could be classified as related solely on the basis of a connection between them through the state treasury or a local governmental unit.

marciniak.jpg

Magdalena

Marciniak

Magdalena Marciniak (magdalena.marciniak@mddp.pl)

MDDP

Tel. +48 22 322 68 88

Website: www.mddp.pl

more across site & bottom lb ros

More from across our site

Developments included the end of Saudi Arabia’s tax amnesty, Poland’s VAT battle with the EU, the Indirect Tax Forum, India’s WTO complaint, and more.
Charlotte Sallabank and Christy Wilson of Katten UK look at the Premier League's use of 'dual representation' contracts for tax matters.
Shareholders are set to vote on whether the asset management firm will adopt public CbCR, amid claims of tax avoidance.
US lawmakers averted a default on debt by approving the Fiscal Responsibility Act, but this deal may consolidate the Biden tax reforms rather than undermine them.
In a letter to the Australian Senate, the firm has provided the names of all 67 staff who received confidential emails but has not released them publicly.
David Pickstone and Anastasia Nourescu of Stewarts review the facts and implications of Ørsted’s appeal at the Upper Tribunal.
The Internal Revenue Service will lose the funding as part of the US debt limit deal, while Amazon UK reaps the benefits of the 130% ‘super-deduction’.
The European Commission wanted to make an example of US companies like Apple, but its crusade against ‘sweetheart’ tax rulings may be derailed at the CJEU.
The OECD has announced that a TP training programme is about to conclude in West Africa, a region that has been plagued by mispricing activities for a number of years.
Richard Murphy and Andrew Baker make the case for tax transparency as a public good and how key principles should lead to a better tax system.