According to Article 11t(1) corporate income tax laws and Article 23zf(1) Personal income tax laws, affiliated entities that are required to draw up local transfer pricing documentation for transactions covered by the obligation must submit to the competent head of the tax office by the end of time.
eleventh one month after the end of the tax year, information on transfer prices for the tax year. These include TPR-C (for legal persons) and TPR-P (for natural persons).
This obligation also applies to the provision of information on controlled transactions exempted from the obligation to produce documentation (when the conditions set out in the separate rules are met)[1].
The information shall be drawn up in accordance with the model electronic document set out in the Public Information Bulletin on the website of the body of the office serving the Minister responsible for public finances.
Recently on page Russell Bedford Poland we wrote about a long period of not publishing the latest version of TPR forms and publishing logical structures of forms in October[2]. Finally, the forms themselves were also published, but in the online version rather than the editable PDF file, as was the case in previous years.
The main changes concerning the new version of the form are the ‘merging’ it together with the statement of drawing up the local tax documentation of transfer prices (in earlier years these were two separate documents), the separation of indicators for micro-entrepreneurs and small entrepreneurs in the general financial information section of the information providers, as well as the change of the authority to which the TPR is to be submitted (now the head of the tax office competent for the taxpayer, formerly the Head of the National Tax Administration).
But this is not the end of change. Due to the rather late publication of logic structures and model forms, the Ministry of Finance informed already at the end of October about the planned extension of the deadlines for submitting TPR forms. Thus, at the beginning of November, on the website of the Government Legislative Centre, the draft regulation of the Minister of Finance on the extension of the deadline to submit transfer pricing information (hereinafter referred to as the Project) was published.
As you can read in the justification for the project:
Deadline for submission of transfer pricing information ... ends before the deadline 3 months from the date of entry into force of the provisions setting out the model document.
Due to the availability on 30 October 2023 new TPR information software by means of electronic communication corresponding to the logical structure available in the Public Information Bulletin on the website of the Ministry of Finance, it is necessary to provide taxpayers with sufficient time to familiarise themselves with the new tool (information on transfer prices will be prepared for the time being) first on an online interactive form, in previous years taxpayers were made available an interactive PDF form.
Additional time will allow taxpayers to properly and formally comply with the obligation to provide TPR information, thereby implementing the proposal for a regulation.
So, as you can see, the extension of the deadline (most likely one-off) is quite right, but what will it be? According to the Project, the deadline for submission of transfer pricing information will be extended:
- up to day 29 February 2024 – where the time limit expires from the date 1 January 2023 up to day 30 November 2023,
- o three months, where that period expires from the date 1 December 2023 up to day 31 March 2024
Currently (i.e. per day) 17 November, according to the information on the website of the Government Legislative Centre, The project is in the opinion stage.
[1] For example, this applies to transactions carried out exclusively by related entities resident, established or managed in the territory of the Republic of Poland in the tax year in which each of these related entities meets the following conditions:
- benefit from the corporate income tax exemption (this condition does not apply to individuals),
- have benefited from the income tax exemption on income generated from activities carried out in the special economic zone and taxable persons’ income from economic activities as defined in the support decision referred to in the Law on the promotion of new investments,
- did not suffer a tax loss.
[2] For more information, see the article below:
https://www.russellbedford.pl/aktualnosci/zmiany-w-podatkach/item/2915-w-koncu-zostaly-opublikowane-formularze-informacji-o-cenach-transferowych.html