Related entities

13th October 2022 is the date of entry into force of the amendment to the Polish Code of Commercial Partnerships and Companies, which introduces the so-called holding law. The new regulations are to regulate the legal situation of private limited companies (i.e. limited liability companies, simple joint-stock companies, and joint-stock companies) that operate within the corporate groups. The amendment also affects foreign parent companies.

The tax authority, to apply the 50% punitive rate for the upward adjusted  profit between related entities, has only 3 years after the end of the calendar year when the tax liability arose. After that time, until the expiry of 5 years from the end of the calendar year when the tax liability reached its maturity, it may only apply the basic rate of 19%. Such conclusions can be drawn from the judgment of the Supreme Administrative Court of 13 October 2016, ref. No. II FSK 2288/14. 

The issue of changes in transfer pricing has been discussed for a long time now. The pompously announced revolution in transfer pricing has finally occurred – from the beginning of 2017, new regulations for determining the entities obliged to prepare tax documentation have been introduced along with a different than before method of qualifying the transactions that should be included in the transfer pricing documentation.