The deadline for fulfilling transfer pricing obligations for 2021 is getting closer and closer

We would like to remind you that the deadlines for completing transfer pricing obligations for 2021 are approaching.

As a rule, the deadline should be 9 months after the end of the fiscal year; however, given the extended deadlines for the preparation and approval of financial statements, the deadline has been extended:

• to 30 September 2022 – in the event that the initial deadline would have expired between 1 January 2022 and 30 June 2022,
• by 3 months – in case the initial deadline would have expired between 1 July and 31 December 2022.

The deadline for preparing and/or attaching the Master File is also extended – until the end of the third month, counting from the day following the date on which the deadline for submitting the statement of local file expired.

A quick reminder – transfer pricing obligations include:

• Local File

Required to prepare Local File are taxpayers who conduct transactions with related parties, the value of which in the tax year exceeds:

1. PLN 10,000,000 – for commodity transactions,
2. PLN 10,000,000 – for financial transactions,
3. PLN 2,000,000 – for service transactions,
4. PLN 2,000,000 – for other transactions than those specified in points 1-3.

• Transfer pricing information (TPR-C)

Related parties obliged to prepare Local File, as well as those making domestic transactions that benefit from the Local File exemption, are also required to submit transfer pricing information (TPR-C).

• Statement on preparation of transfer pricing documentation

Related parties that are required to prepare the Local File are also required to file a statement confirming that the transfer pricing documentation has been prepared and that the prices used in transactions covered by the Local File are at arm’s length.

• Master File

Taxpayers required to prepare a Local File belonging to a group of related parties for which consolidated financial statements are prepared and whose consolidated revenues exceeded PLN 200,000,000 in the previous fiscal year are required to have Master File.

Changes in the scope of haven transactions

In 2021 and 2022, there was a lot of excitement about the regulations on indirect tax haven transactions. Vague, going beyond the transfer pricing framework caused a lot of doubts on the part of taxpayers. However, all indications are that the provisions that have been around for two years will, in fact, never be enforced. A bill containing the repeal provisions is currently being processed in the Senate.

The most important changes proposed in the bill regarding transfer pricing provisions include:

1. repealing the provisions on documentation obligations for so-called indirect tax haven transactions with retroactive effect from 1 January 2021,

2. raising the documentation thresholds to PLN 2,500,000 for financial transactions and PLN 500,000 for other transactions in case of direct tax haven transactions.

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Considering the looming deadlines for the fulfillment of transfer pricing obligations, we recommend taking action as soon as possible to verify and fulfill transfer pricing obligations.