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Polish Deal – changes in transfer pricing


Taxpayers have already become accustomed to frequent changes in regulations concerning transfer pricing regulations. The latest proposal of the Ministry of Finance in this area are included in the bill of July 26, 2021, which implements the government's "Polish Deal" program.

The most important changes, which will enter into force on January 1, 2022 include:

  • the elimination of the statement on preparation of a local transfer-pricing file as a separate document and its integration (in a revised form) with the TPR form;
  • extending the deadlines for:
  • preparing a local transfer-pricing file by the end of the 10th month after the end of the tax year;
  • submission of transfer pricing information (i.e. TPR form) by the end of the  11th month after the end of the tax year;
  • submission of local or group documentation upon request of the tax authority within14 days of the date of its service;
  • relating the value of a controlled transaction with the neutrality of VAT. As the Ministry of Finance points out, the tax is, as a rule, neutral for active VAT taxpayers, so it shouldn’t be taken into account in determining the value of the transaction. However, in the case of lack of neutrality – it should be taken into account.
  • no obligation to prepare a benchmarking or compliance analysis for:
  • controlled transactions entered into by related entities being micro or small enterprises;
  • transactions with the so-called tax havens or in which the beneficial owner of the counterparty is a resident of a so-called tax haven.

The draft also provides for the modification of fiscal penalties in respect of obligations connected with transfer pricing. Failure to prepare a Local File or failure to attach group documentation will be punishable with a fine of up to 720 daily rates. Similarly penalized will be the preparation of inaccurate documentation, whereas filing such documentation after the deadline will be subject to a fine of up to 240 daily rates.

With regard to transfer pricing information, penalties will be imposed for failure to file the information or filing it with data inconsistent with the local documentation or inaccurate (720 daily rates) and submitting it after the deadline (240 daily rates).

Currently, the draft law is open for public consultation, which will last until August 30, 2021.


Anna Skórska, Transfer Pricing Coordinator, ATA Tax Sp. z o.o.

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