RSM Poland


Transfer pricing insights

Expert look at changes in transfer pricing regulations. We observe, analyse and propose solutions that comply with the provisions of the corporate and personal income tax acts, secondary legislation, and the current position of the Ministry of Finance. Do you enter into transactions with related entities? Read the Transfer pricing insights on our RSM Poland Blog - an informative and inspirational source of knowledge related to transfer pricing.

Simplified procedures for transfer pricing: amendments proposed under the Polish Deal

18 August 2021
Tomasz BEGER
The Ministry of Finance has just published their proposed amendments of transfer pricing regulations under the Polish Deal. The goals behind the suggested amendments are, among others, to make it easier for taxpayers to meet their reporting obligations and simplify the local file.

Tax havens: new documentation obligations

7 May 2021
Changes concerning transfer pricing in transactions with tax havens, effective as of 1 January 2021, will be challenging for taxpayers. Under the new regulations, there is an obligation to have verify whether transactions where the beneficial owner has its place of residence, registered office or management in a tax haven comply with the arm’s length principle (and it is unclear whether the legislator means the actual owner of our contractor or the cash flow generated as a result of a given transaction, as the regulations fail to specify this). What is more, taxpayers must provide economic justification for their transactions with tax havens.

Impact of the COVID-19 pandemic on transfer pricing - OECD Guidance

19 April 2021
Tomasz BEGER
The Organisation for Economic Co-operation and Development (hereinafter: OECD) has published the long-awaited Guidance on transfer pricing implications of the COVID-19 pandemic (hereinafter: Guidance). It includes comments and explanatory remarks that both taxpayers and tax administrations should take into account in evaluating the implementation of transfer pricing policies in the face of extraordinary economic conditions caused by the COVID-19 pandemic.

Draft tax explanations on transfer pricing regarding presumption and due diligence

10 March 2021
The Ministry of Finance has published draft tax explanations on transfer pricing regarding presumption and due diligence in transactions with tax haven entities. The draft explanations are now subject to tax consultation that will last until 20 April 2021. This consultation is open to all entities.

New TPR-C form: new challenges and requirements

10 February 2021
Tomasz BEGER
This article is going to offer insight into some of the latest changes brought by the Regulation of the Minister of Finance, Funds and Regional Policy of 18 December 2020 amending the regulation on transfer pricing information in personal income tax and corporate income tax to be reported in TPR-P and TPR-C forms. The said provisions have been in force since 1 January 2021 and apply to transfer pricing reporting for a tax year commencing after 31 December 2019.

More changes in transfer pricing are coming

21 September 2020
The revolutionary draft amendment of CIT and PIT Acts has recently been published amidst plenty of controversy, in particular about the CIT taxation of limited partnerships. This is one out of many changes suggested by the legislator and discussed in our Tax Alert. Important amendments that are supposed to enter into force in the beginning of 2021 include transfer pricing regulations, and that is what we are going to focus on in this article.

Transfer pricing adjustment since 2019

4 August 2020
In today’s article we would like to give you some insight into transfer pricing adjustment regulated directly by the legislator in Article 11e of the Act of 15 February 1992 on Corporate Income Tax (hereinafter: CIT Act) and, respectively, Article 23q of the Act of 26 July 1991 on Personal Income Tax (hereinafter: PIT Act). We are also going to discuss the position of the tax authorities presented in relevant advance tax rulings that have been issued recently.

Transfer pricing in advance tax rulings

28 July 2020
Today, we will once again discuss the most interesting advance tax rulings in individual cases that have been published recently. We hope it will give you some insight into transfer pricing and make it easier for you to prepare your 2019 tax documents. The advance tax rulings that will be analysed here apply to the legislation in force as of 1 January 2019. We will briefly discuss tax rulings on: partnerships, exemptions from the documentation obligation as regards a loss from a revenue stream including the controlled transaction, and the documentation obligation for a cash contribution.

COVID-19 affecting transfer pricing – risks and challenges faced by related entities

12 May 2020
Tomasz BEGER
Zmniejszone przychody, zwiększone koszty, przestoje w produkcji, problemy z dostawami materiałów i surowców, osłabiona efektywność, niewypłacalność – to tylko niektóre z licznych negatywnych skutków, z którymi mierzą się przedsiębiorcy w obecnej sytuacji spowodowanej pandemią koronawirusa SARS-CoV-2. Kryzys gospodarczy wywołany wprowadzeniem w Polsce oraz w wielu innych krajach stanu zagrożenia epidemiologicznego oraz stanu epidemii związanego z rozprzestrzenianiem się koronawirusa stanowi zagrożenie również w kontekście wywiązywania się z obowiązków dokumentacyjnych i sprawozdawczych w zakresie cen transferowych. W niniejszym wpisie przedstawimy kluczowe ryzyka i wyzwania stojące przed podmiotami powiązanymi w zakresie cen transferowych w obliczu wirusa COVID-19.

COVID-19 pandemic and transfer pricing

7 April 2020
The current pandemic has a significant impact on transactions between affiliated entities. Deadlines for taxpayers’ obligations related to submitting declarations of the local file preparation and information on transfer prices remain effective, i.e. they fall on 30 September 2020. Under Art. 31z of the so-called special act the time limit has been extended until 30 September 2020 for entities beginning their fiscal year after 31 December 2018 and finishing before 31 December 2019.