We wish to alert you to changes to mandatory disclosure rules in connection with the continuing coronavirus-related emergency in Poland.

The first change affects reporting deadlines. In accordance with Article 31y(1) of the Bill on interest support for credit facilities extended to provide liquidity to businesses affected by COVID-19 consequences (called Anti-Crisis Shield 4.0, now in the Senate), MDR reporting deadlines do not start to run or, if pending, are suspended as from 31 March 2020:

  • for cross-border tax schemes, the deferral will last until 30 June 2020 (no change comparing to previous draft of the Bill);
  • for other tax schemes, the deadlines will be deferred until the 30th day after the state of epidemic (emergency) is called off.

This gives companies more time to identify and report their most recent schemes (other than cross-border ones).

The second change is about signing forms MDR-3. Previously, these reports had to be signed electronically by the entire management board regardless of the specific powers of representation disclosed in the companies register KRS.

After the change, in accordance with Article 5(8)(a) of the Bill to amend the Corporate Income Tax Act, the Goods and Services Tax Act, the Tax Information Exchange (Other Countries) Act and certain other acts (which was transmitted to the Senate on 29 May 2020), form MDR-3 is to be signed:

  1. if the taxpayer is an individual, by that individual;
  2. if the taxpayer is a foreign undertaking operating its branch in Poland, by the person authorised by the undertaking to represent it in the branch;
  3. in the case of any other taxpayer, by person(s) authorised to represent it,

provided that the form may not be signed by proxy (agent, attorney-in-fact).

This should simplify the electronic signature process which has previously caused problems when signing MDR-3.

If these issues pertain to your business and you are interested in our assistance, please contact us.

This blog post is provided for general information purposes to keep you up-to-date with changes in tax law, tax rulings by authorities, case law of courts and interesting commentaries. Doradztwo Podatkowe WTS&SAJA shall not be held legally liable for any acts or omissions resulting from reliance on such information.