Poland: Amendments to transfer pricing regulations from January 2015

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

The Clifford Chance and Hyatt cases collectively confirm a fundamental principle of international tax law: permanent establishment is a concept based on physical and territorial presence
Australian government minister Andrew Leigh reflects on the fallout of the scandal three years on and looks ahead to regulatory changes
The US president’s threats expose how one superpower can subjugate other countries using tariffs as an economic weapon
The US president has softened his stance on tariffs over Greenland; in other news, a partner from Osborne Clarke has won a High Court appeal against the Solicitors Regulation Authority
Emmanuel Manda tells ITR about early morning boxing, working on Zambia’s only refinery, and what makes tax cool
Hany Elnaggar examines how AI is reshaping tax administration across the Gulf Cooperation Council, transforming the taxpayer experience from periodic reporting to continuous compliance
The APA resolution signals opportunities for multinationals and will pacify investor concerns, local experts told ITR
Businesses that adopt a proactive strategy and work closely with their advisers will be in the greatest position to transform HMRC’s relief scheme into real support for growth
The ATO and other authorities have been clamping down on companies that have failed to pay their tax
The flagship 2025 tax legislation has sprawling implications for multinationals, including changes to GILTI and foreign-derived intangible income. Barry Herzog of HSF Kramer assesses the impact
Gift this article