Cost optimization-oriented payment management as a controlled transaction Payment management to optimize costs of the payment settlement process using the PoB (payments on behalf) model is a controlled transaction – as stated by the District Administrative Court in Warsaw in the judgment of 10 August 2022 (file ref. III SA/Wa 3029/21). The Court was of…
Comparative analysis, also referred to as benchmarking analysis, is basically a key element of a transfer pricing documentation. Its purpose is to demonstrate that a given controlled transaction was made in accordance with the arm’s length principle. A correctly prepared analysis is therefore a security for the taxpayer in case allegations are raised by tax…
Financial institutions more and more often require guarantees when granting financing to enterprises. Entities belonging to capital groups may use intra-group guarantees as an alternative to guarantees from external financial institutions. It is the easiest and fastest way to obtain financing. One option are mutual guarantees: two or more related companies guarantee each other’s liabilities.…
Q1 2023 is coming to an end and taxpayers have already familiarized themselves with the changes brought in by the new year in the area of transfer pricing. The key one are shortened documentation and reporting deadlines, but apart from that, a number of seemingly minor changes were introduced at the beginning of the year.…
End of Q1 2023 – what obligations must be met? For most taxpayers operating in corporate groups the end of March 2023 is associated with the deadlines for meeting the last transfer pricing obligations. Some of them still apply to 2021. TPR for companies with a shifted tax year As a rule, in previous years…
The instrument of recharacterization and non-recognition of transactions was introduced to the transfer pricing regulations on 1 January 2019. Tax authorities may decide that in comparable circumstances third parties would not have made a given controlled transaction or would have entered into a different transaction (the so-called ‘proper transaction’). If that is the case, the…
Today we are addressing formal conditions to be met only in the case of in minus adjustments. Condition 3: TP adjustment in the books of both transacting parties The taxpayer must have a statement from a related entity or an accounting evidence confirming that the entity made the TP adjustment in the same amount as…
Correctly classifying a brokerage transaction has certainly not been intuitive for taxpayers. Making such transactions between related entities adds complexity to the matter. The challenge for the taxpayer is both determining the value of such a transaction and establishing the appropriate documentation threshold for it under transfer pricing regulations. This may result in the taxpayer’s…
In a recent blog entry we wrote that according to the position of the tax authorities, the choice of a simplified form of taxation (the lump sum on the income of companies called Estonian CIT) does not exclude the application of transfer pricing regulations. At the same time, we highlighted doubts and practical problems that…
In the regulations is lack a definition of a transfer pricing adjustment (TP adjustment). However, it can be concluded based on the Clarifications of the Ministry of Finance that the purpose of a TP adjustment is to adjust (correct, amend) a transfer price to the level in line with the arm’s length principle in a…