Changes of the Deadlines of Rrporting of Transfer Prices in Poland

We would like to inform you about changes of the deadlines of reporting of transfer prices in Poland from the beginning of 2023.

Deadline for preparation of local transfer price documentation

The amendment to the Corporate Income Tax Act changed the deadline for preparing local transfer price documentation.

Currently, local transfer price documentation must be prepared by the end of the tenth month after the end of the tax year (previously it was the end of the ninth month after the end of the financial year).

Deadline for submitting information on transfer prices (TPR form)

The amendment to the Corporate Income Tax Act also changed the deadline for preparing and submitting information on transfer prices (TPR form).

Currently, information on transfer prices (TPR form) must be prepared by the end of the eleventh month after the end of the tax year (previously it was the end of the ninth month after the end of the financial year).

The addressee of the information has also changed. Currently, it is the head of the tax office competent for the taxpayer (previously, it was the Head of The National Tax Administration).

In addition, we would like to point out that, the previously submitted separate statement on the preparation of local transfer prices documentation, has now become part of the information on transfer prices (TPR form).

Of course, it may happen, as in previous years, that the above-mentioned deadlines may be extended (e.g. on the basis of the provisions on special solutions related to the prevention, counteraction and combating of COVID-19).

How to provide information on transfer prices (TPR form)

The information on transfer prices shall be submitted to the head of the tax office competent for the taxable person drawn up on the basis of the electronic document template published in the Public Information Bulletin [Biuletyn Informacji Publicznej] on the website of the office providing services to the minister responsible for public finance.

In practice TPR forms are submitted via the electronic tax return submission system (e-Deklaracje).

Changes in the scope of transactions with entities based in a tax haven, i.e. in a country (territory) applying harmful tax competition (so-called “haven transactions”)

At the same time we would like to inform you about changes in transfer prices in relation to the so-called haven transactions.

Thus, in the case of so-called intermediate “haven transactions,” i.e. transactions in which the beneficial owner of the receivable is a resident of a tax haven, the obligation to prepare local transfer pricing documentation has been eliminated.

However, in the case of direct “haven transactions”, i.e. transactions with an entity based in a tax haven, the documentation threshold has been increased, after which the obligation to prepare local transfer pricing documentation arises.

Currently, this threshold is:

1. PLN 2,500,000 – in the case of a financial transaction,
2. PLN 500,000 – in the case of a transaction other than a financial transaction.

For further information please contact:

Hubert Kaczyński
Tax Advisor
ECOVIS Poland Audit, Tax & Accounting
+48 22 380 03 80
hubert.kaczynski@ecovis.pl