The Ministry of Finance published the long-awaited interactive version of the TPR-C form. After nearly 150 pages of comments submitted during public consultations, taxpayers were provided with the final version of the document. TPR-C will have to be sent electronically to the Head of the National Revenue Administration for transactions with related entities for the financial year 2019, which are subject to documentation obligation at the local level, or which benefit from the exemption from documentation obligation at the local level.
The TPR-C information is a very detailed form and important tool from the tax authorities perspective. It results from Article 11t of the CIT Act that the TPR-C form will be utilized for more effective selection of entities for transfer pricing controls. Therefore, among other things, it is so important to verify the correctness of data disclosed in the form in order to mitigate the risk of tax control. The deadline for submitting the TPR-C form to the Head of National Revenue Administration coincides with the deadline for the preparation of local documentation, which is the end of the 9th month after the end of a given tax year.
TPR – JPK for transfer pricing?
A very wide group of taxpayers is obliged to submit TPR information. Both the taxpayers obliged to prepare local transfer pricing documentation and to submit a transfer pricing statement as well as those benefiting from an exemption from documentation obligation for domestic transactions are obliged to submit it. In addition, given the detailed scope of data that the legislator requires related parties to disclose in respect of related party transactions, as well as submitting information only in electronic form, it is difficult to avoid associations with VAT Standard Audit File (in Polish: Jednolity Plik Kontrolny, or JPK) for transfer pricing purposes.
Who reports a TP-R?
In principle, three categories of entities are required to submit transfer pricing information for a given tax year:
• Related parties entering transactions with related parties that are subject to documentation requirements at the local level,
• Related entities which concluded transactions excluded from the documentation obligation with domestic-related entities (Article 11n of the CIT Act),
• Taxpayers making payments directly or indirectly or entering into agreements with entities having their registered office or place of management in countries applying harmful tax competition.
• The TP-R form should be submitted electronically, signed with a qualified electronic signature. Unfortunately, it is not possible to submit the form by ePUAP and sign it with a trusted profile.
At the moment, there is no version of the TPR-P(2) form for individuals on the website of the Ministry of Finance. Thus, the personal income taxpayers will have to wait for their version of the document.
Should you have any question regarding above, please contact our experts:
Łukasz Bączyk
Head of Tax
E: lbaczyk@asbgroup.eu
Piotr Szeliga
Tax Manager
E: pszeliga@asbgroup.eu
Łukasz Komorowski
Tax Consultant
E: lkomorowski@asbgroup.eu
