Type of remuneration established within transaction should reflect the functional profile The functional analysis is a key item of the transfer pricing documentation. It determines precisely the functional profile of the parties to the controlled transaction and introduces the risks...

MDDP on Polish Taxes I Real estate companies – the reporting deadline is approaching September 8, 2022 at 11:00 a.m. The real estate companies and their shareholders are obliged to report their shareholding structures to the tax authorities in Poland.  The provisions are new and give...

Which transactions are not subject to documentation obligations? There are transactions or activities between related entities that may at first glance imply transfer pricing obligations. They are actually not controlled transactions in the context of TP regulations. Since Local File...

To document a loan, or not, that is the question! Financial transactions are among the most frequently documented transactions taxpayers make with related parties. In fact, they accounted for over 40% of the reported transactions according to the TPR-C forms filed for 2019. Due to...

Another exemption unavailable for tax haven transactions Taxpayers for the first time need to identify possible transfer pricing obligations resulting from the so-called Indirect Tax Haven Transactions. The matter still raises a number of doubts. One of them was highlighted in the...

The absurdity of Polish TP obligations covering transactions with third parties Participating in public consultations pays off! Eighteen months after the regulations came into force, the Ministry of Finance repealed the provisions on indirect tax haven transactions. Importantly, the...

Entrepreneurs benefiting from low lump-sum taxation in Poland The Personal Income Tax Act defines business activity (BA) as a gainful activity conducted on one’s own behalf, irrespective of results, in an organised and continuous manner, from which the revenues are not attributed...

Authorities must also exercise diligence while preparing benchmarking analyses When preparing benchmarking analyses in the course of audits, tax authorities should perform them as diligently as is expected of taxpayers. Such conclusions follow from the ruling of the Supreme Administrative...

A benchmarking analyses is a key part of the transfer pricing documentation – it confirms the arm’s length nature of intra-group transactions. It is an important tool for taxpayers and tax authorities. The latter can use it to examine the arm’s length nature of transaction terms agreed...

Dedicated Transfer Pricing trainings What TP areas are you interested in? – QUESTIONNAIRE ASK ABOUT TRAINING We organize special trainings (both in-person and on-line) tailored to your needs. The workshops are hosted by our experts in TP matters who have expertise...

Important decision of the Supreme Administrative Court on large zone companies Large SEZ entrepreneurs operating on the basis of a so-called converted old permit can account for state aid until 2026 On 19 July 2022, a judgment was issued by the Supreme Administrative Court (Naczelny...

Poland gets green light for mandatory e-invoicing from 2024 The derogation is granted for three years, until December 31 2026. It may be extended further, but Poland will still need to prove that this tool led to reducing VAT fraud and abus as well as simplifying VAT settlement for...

The National Revenue Administration (KAS) has released the latest statistical data on APAs. Briefly: in Q1 2022, only 14 advance pricing agreements were made (all of them unilateral). Although a record was broken in 2021 for the number of agreements made (101), the data for Q1 2022...

TP documentation obligations: more than Local File and TPR or the Master File explained. For many taxpayers transfer pricing is only about compiling Local File or filling in the TPR form. From 2022, the so-called indirect tax haven transactions also trigger some obligations. There...

Higher remuneration for PIT remitters from July 1, 2022 From July 1, 2022, the rate of remuneration for some remitters of PIT tax advances has been increased twice. This results from the entry into force of the Ministry of Finance’s new regulation, issued on the basis of the provisions...