Thursday 29 September new tax portals have been published, fourth versions of TPR-C and TPR-P forms. They concern the obligation to provide transfer pricing information to both legal persons and individuals. It is very important that forms apply to transactions documented for 2021, that is, in practice, taxpayers are already required to report information on transactions with related entities on new forms, and if transfer pricing information has already been sent, please send the form again, in an updated version.
What changes in practice?
The Russell Bedford team has many years of experience in advising customers to fulfil reporting obligations in transfer pricing. In case of any doubts – please contact us.
The forms were adjusted to the required information submitted for a year 2021. These amendments arise from the Regulations of 29 August 2022 on transfer pricing information and consist in particular of:
limitation of the required data and information in TPR information in the case of controlled transactions concluded by micro-entrepreneurs or small entrepreneurs as defined, respectively 7 section 1 point 1 and 2 Act of 6 March 2018 – Business law, transactions other than controlled transactions referred to in Article 11o CIT Act (Article 23za PIT) and safe-harbour transactions – for these transactions, the TPR information does not indicate comparative or compliance analysis data;
allow to add further fields Additional Information (text field per 3500 signs) to provide additional explanations by the TPR information provider.[1]
In practice, this field is of great importance in order to rule out the doubts of tax authorities. It often happens that, in the tab describing transactions, its value and the way in which the market price is verified, the taxpayer is unable to place important circumstances which allow proper reading of the data contained in the form. The additional part F allows the taxpayer to clarify the necessary data in such a way that the authority does not have to call on the taxpayer to provide additional explanations.
At the same time, we would like to remind you of an extended deadline for the submission of the above information:
- by 30 September 2022 - for TPR information with a deadline for submission from 1 January 2022 to 30 June 2022, and
- o 3 months – for TPR information, the deadline for submission is from 1 July 2022 to 31 December 2022
- [1] https://www.podatki.gov.pl/ceny-transferowe/wyjasnienia/publikacja-formularzy-interaktywnych-tpr-c-4-oraz-tpr-p-4/
Written by Darya Bannaya
Tax consultant in Russell Bedford Poland. Graduate of Law at the Faculty of Law and Administration at the University of Warsaw, graduate of Global Business, Finance and Management at Warsaw School of Economics. Winner of the Ministry of Finance competition “Tax to Leaders” 7. edition.
Conducting trainings and conferences for foreigners in tax aspects of conducting and establishing business in Poland. He specializes in tax law, advising clients on current matters relating primarily to income taxes. From 2021 Specializes in transfer pricing.
Together with an experienced team, he supports leading companies in fulfilling tax obligations in terms of transfer prices. Author and co-author of a tax law publication.