Benchmarking studies – do Polish tax authorities accept group analysis?

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

Benchmarking studies – do Polish tax authorities accept group analysis?

Sponsored by

sponsored-firms-mddp.png
calculator-1680905.jpg

Magdalena Marciniak and Marta Klepacz of MDDP lay out the challenges and complexities of attempting group analysis in Poland, and outline the approach of the domestic tax authorities.

Benchmarking studies are a well-known topic in most tax jurisdictions. Just like anything else in life, there is no common understanding of how it should ultimately look.

One cannot ignore differences between individual legal regimes where various security instruments are applied on the basis of TP.

These differences may become problematic when compiling a ‘universal analysis’ that will meet the legal requirements of each country.

When in Rome, do as the Romans do. When in Poland…

An example: in Poland, a benchmarking study is a mandatory element of a local file for all transactions subject to statutory TP obligations. This is the first and main difference between Polish regulations and most other jurisdictions. Therefore, even if benchmarks are prepared at the group level, they will likely only cover the main (and not all) transactions.

Another important aspect is when international capital groups prepare top-down and then share a universal benchmarking study with all subsidiaries. Their aim is to unify the TP policy in a given group, but also to reduce expenses incurred by individual entities (a single top-down analysis is prepared instead of several). Polish taxpayers often receive benchmarking studies from the group.

So, can they be used safely? How do Polish tax authorities approach the matter?

Keep calm and protect yourself

If an entity decides to use a group-prepared benchmarking study, it should be familiar with its specifics, identify possible threats and pay special attention to address them.

First, these documents are far more general than those that are developed individually for specific transactions between specific entities. In addition, the selected comparability criteria are often not adapted to the characteristics of a transaction featuring a Polish entity.

Requirements are also imposed by Polish tax authorities. One of the assumptions is that the benchmarking study strategy must consider the Polish market. Often, when a transaction is related to revenues of a Polish entity, e.g., a service provider, the authorities want to verify the local market.

The authorities are also eager to scrutinise the universal analysis that covers several or a dozen types of transactions where a similar number of entities is involved that are often based in different countries.

Moreover, Polish regulations clearly specify the elements to be included in the benchmarking studies report. Check carefully whether the group analysis contains all of them.

It is perfectly understandable that a capital group has a global perspective on such problems and wants its services or products to be used as comprehensively as possible. However, the fact is that economic conditions in the country where the entity operates are crucial for achieving the most adequate financial data. So, preparing global benchmarks for domestic operations involves a certain risk (an excellent example may be the inflation differences between individual countries, even in the EU itself where inflation reaches 20% in Poland, and only a few percent in other countries). Therefore, a single analysis cannot justify the profitability of entities operating in two different economic realities.

In turn, when inspecting business entities regarding TP, Polish tax authorities focus mainly on benchmarking studies and the results that have been established.

Need of reporting

Finally, taxpayers must be aware that benchmarking studies in Poland also serve as the basis for completing the TPR form. It is used to report information such as:

  • Applied criteria;

  • Results from the benchmarking study;

  • Level of profitability or other indicators achieved in the tested transaction; and

  • Applied statistical measures – experience shows that group studies often feature ranges calculated with the use of different statistical measures and it is not clear which one is recognised as ‘arm’s length’.

To sum up, group benchmarking studies are naturally acceptable, but taxpayers must not ignore the specificity of Polish regulations. They must also be aware that the benchmarking studies are among documents the most frequently challenged during tax audits. Additional explanations may be necessary, for which taxpayers should be well prepared in advance.

more across site & shared bottom lb ros

More from across our site

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
Hani Ashkar, after more than 12 years leading PwC in the region, is set to be replaced by Laura Hinton
With the three-year anniversary of the PwC tax scandal approaching, it’s time to take stock of how tax agent regulation looks today
Rolling out the global minimum tax has increased complexity, according to Baker McKenzie; in other news, Donald Trump has announced a 25% tariff on countries doing business with Iran
Among those joining EY is PwC’s former international tax and transfer pricing head
Gift this article