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Poland: New deadlines for transfer pricing documentation

According to the new Polish regulations, the deadline for preparing obligatory transfer pricing documentation (TP documentation) and submission related documents is postponed till the end of September 2018. Below you can find more detailed information concerning the deadline and consequences of the postponement.

The Polish Finance Minister signed a regulation concerning the extension of deadlines to fulfil obligations for preparing the TP documentation which has already come into force.

According to the new regulation, the deadline in 2018 and 2019 for

  • 1. preparing TP documentation concerning transactions between associated enterprises,
  • 2. submission of a statement on the preparation of TP documentation and
  • 3. submission of the CIT-TP tax return

is postponed by 6 months. For taxpayers with a tax year which coincides with the calendar year the deadline comes at the end of September.

Please note, that this delay will intensify tax inspections concerning TP in the last quarter of 2018. Failure to produce TP documentation is associated with the risk of severe sanctions, e.g. revaluation of income and taxing the surplus with the 50% sanction CIT rate. Furthermore, there is a risk of potential fiscal penal liability for those responsible for tax settlements.

It would be advantageous to fulfil statutory obligations as soon as possible. Careful analysis of the company's situation in terms of TP and preparation of documents in accordance with the new regulations will reduce the tax risk.

If you need any assistance in the area of transfer pricing, please do not hesitate to contact us.

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