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 2024

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 & bottom lb ros

More from across our site

The OECD had previously missed a June 30 deadline to agree an MLC on amount A; in other news, UK corporation tax bills surged to a record high last year
ITR is delighted to reveal all the shortlisted nominees for the 2024 Americas Tax Awards
Global chair Mohamed Kande and Australian CEO Kevin Burrowes are likely to be grilled on the firm’s lack of co-operation
Consensus on the amount A multilateral convention will take more than six months to achieve, one expert believes
ITR is delighted to reveal all the shortlisted nominees for the 2024 Europe Middle East & Africa Tax Awards
ITR is delighted to reveal all the shortlisted nominees for the 2024 Asia-Pacific Tax Awards
There is a 'critical need' for a unified platform to address challenges in TP, the organisation’s president told ITR
Tax specialist Kate Barton helped to transform EY’s global tax practice, Dentons has claimed
Alex Gerko had challenged HMRC’s positions on deferred trading profits that he and other traders made while working for hedge fund GSA
The Tax Practitioners Board had required PwC to overhaul its internal processes following the tax leaks scandal
Gift this article