In order to correctly determine the remuneration for providing an intangible asset, you need not only an analysis of the legal aspects of the asset. An analysis from the transfer pricing is also required. It is extremely helpful to make the so-called DEMPE analysis provided for in the OECD guidelines. A royalty fee for providing…
A new announcement by the Minister of Finance on the type of base interest rate and margin for the purposes of transfer pricing (safe harbor for financial transactions) was published on 23 December 2022. The Minister of Finance has updated the eligibility conditions for using the safe harbor simplification for financial transactions. New margin is…
What happens if you fail to meet transfer pricing obligations for 2021? Changes starting from 2022. Sanctions for failure to comply with TP documentation and reporting obligations for 2021 may prove severe: for both the company and the individuals responsible for running it (board members). Failure to meet transfer pricing obligations or statutory deadlines triggers…
The amendment to the Polish Deal, which has recently come into force, has brought favourable changes for taxpayers in the area of transfer pricing. The provisions introduced consist in changes in the area of transactions with tax havens, including, most notably, the repeal of controversial provisions concerning indirect tax haven transactions and the increase of…
On 8 November 2022[1], the Court of Justice of the European Union (‘the CJEU’) annulled the decision of the European Commission and the judgment of the EU Court, which recognized the individual ruling issued by the authorities in Luxembourg as providing a ‘selective advantage’ to Fiat Chrysler Finance Europe, which – according to the Commission…
The end of the year is approaching. Most companies are making the final settlements for the entire 2022. This is the last moment to thoroughly analyze any necessary adjustments to settlements, prices or terms of contracts. Meanwhile, adjustments constantly raise interpretation doubts – in terms of their definition as well as specific conditions for correct…
Transactions involving intangible assets are among related-party transactions causing the greatest difficulties for taxpayers when meeting their transfer pricing obligations. Taxpayers often find it challenging to prepare the valuation of intangible assets itself. They also need to remember that in the case of transfer pricing it is also necessary to adopt market assumptions for transactions…
Some taxpayers currently compiling Local Files and TP-R forms for 2021 will not complete their struggle with transfer pricing on 31 December 31 (if their tax year matches the calendar year). They will face additional obligations related to Master File for 2021. What is Master File? The Master File is (shortly) an integral part of…
There is less than a month left to meet the transfer pricing reporting deadlines. One of the obligations is to file to the Polish tax office a statement on transfer pricing documentation and on the arm’s length nature of the transaction. The statement shall be signed by members of the company’s management board. For most…
The deadline for filing TPR for 2021 with the Head of KAS is looming – 31 December 2022! Do not work on the TPR at the very last minute. Instead, complete it as early as possible. Failure to comply with this obligation can be costly. The prospect of penalties Completing the form hastily may result…