This is to remind you that 31 March 2023 is the due date for:

  • filing the CBC-P notice for 2022,
  • filing the non-residents contracts disclosure (form ORD-U) for 2022, and
  • getting ready the master file for 2021.

CBC-P notice

A CBC-P notice must be filed by any organisation within an international group of entities if the group:

  • issues consolidated financial statements (or would issue such statements if the shares of at least one organisation within the group were traded on a regulated market);
  • had consolidated revenue for prior financial year in excess of:
    • PLN 3 250 000 000, or
    • EUR 750 000 000.

The CBC-P notice is used by the filing organisation to state whether it is either:

  • the parent entity of the group or the entity designated to prepare and file a country-by-country report (CBC-R) for the entire group, or
  • an entity that belongs to a group required to file CBC-R and has the power to designate the reporting entity and the country or territory where the CBC-R report will be filed.

A CBC-P disclosure may only be made electronically. See the link below for the applicable form:

https://www.podatki.gov.pl/e-deklaracje/inne/pozostale-interaktywne/

Disclosure on contracts with non-residents (form ORD-U)

Taxpayers must disclose information on their contracts with non-residents (form ORD-U) to relevant tax authorities within three months from the end of tax year.

The report must include all contracts, whether entered into or continued during that year, with:

  • any directly or indirectly related non-resident (and “related” means having an interest of at least 5% in management, control or equity), if the value of such contracts with the non-resident exceeds the equivalent of EUR 300 000, and
  • any non-resident having a going-concern business, branch or representative office in Poland, if the value of the contract is above EUR 5 000.

Form ORD-U need not be submitted for a year if the given entity is also required to submit form TPR for that year. This exemption does not, however, apply to entities using form TPR to report transactions with tax havens.

Group transfer pricing documentation (master file) for 2021

For entities whose tax year 2021 was from 1 January to 31 December 2021, 31 March 2023 also marks the end of the extended time for submission of group transfer pricing documentation (master file) for 2021.

Master file must be issued by any member of a group of related parties if the member is required to issue a local file and the group:

  • has consolidated financial statements issued for it, and
  • had consolidated revenue for prior financial year in excess of PLN 200 000 000 or foreign currency equivalent.

If this issue pertains 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.