Poland: Amendment to CIT Act – transfer pricing modifications

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: 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From January 1 2018, the provisions were repealed under which companies in TCGs were able to agree between themselves conditions of a transaction which might differ from the conditions available to unrelated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 & shared bottom lb ros

More from across our site

The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Gift this article