According to the information appearing on the websites of the Ministry of Finance, the legislative work related to the introduction of new regulations on the documentation of transactions in capital groups is still ongoing. Although the introduction of new requirements already applies from 1 January 2017, to date, no substantive implementing regulations have been adopted, which are necessary to clarify the specific requirements imposed on taxpayers, such as the drawing up of the CbC Reporting report or the procedure for notifying the tax authorities of the unit drawing up the report.
We remind you that first CbC reports should be drawn up by parent entities belonging to a group of entities, established or managed in the territory of the Republic of Poland and by entities which are part of a group of entities, not a parent undertaking, which have its registered office or management in the territory of the Republic of Poland, or have its registered office or management outside the territory of the Republic of Poland, but operate in the territory of the Republic of Poland by a foreign establishment which, at the same time, meets certain conditions. In Article 84 Laws on the exchange of tax information with other countries starting in the reporting year 2016 The CbC report should be sent to the tax office within the time limit 12 months after the end of the tax year of the national entity for which the report is submitted.
Tax payers should also bear in mind the notification in which they will indicate the reporting entity within their group of entities during the 10 months after the end of the reporting year, i.e. in some cases by the end of October 2017
Information about a group of entities is to be transmitted by electronic means in the form of an electronic document. The model of the report itself in the form of an electronic document will be included in the Public Information Bulletin on the website of the body office serving the Minister responsible for public finances. No proposal has yet been made.
According to the Ministry, this Regulation will enable tax authorities to obtain aggregated information for the purposes of analysing the underselling of the tax base and the transfer of income between subsidiaries and the parent undertaking in the case of large-scale and more active companies one tax jurisdictions.