The Anti-Crisis Shield regulations have deferred a number of deadlines, including those for the reporting of tax schemes (MDR).
Under Article 31y(1) of the Act of 31 March 2020, MDR reporting deadlines do not begin to run or, if pending, are suspended between 31 March 2020 and the earlier of 30 June 2020 or the date on which the COVID-19-related state of epidemic emergency or of epidemic is called off.
What that means is that:
- for current tax schemes, i.e. those as of 31 March 2020, the reporting deadline will not begin to run as usual but only after the state of (epidemic) emergency is over;
- for tax schemes for which the reporting deadline began before but did not end until 31 March 2020, the deadline will be suspended.
For practical purposes, the new regulations may be particularly relevant for MDR-3 forms (which must be signed electronically by entire management board) which were supposed to be filed until exactly 31 March 2020. The filing deadline for these has been moved to 1 July 2020, unless the state of epidemic emergency or of epidemic is called off earlier. This gives management more time to resolve technical issues typical for MDR-3 filings.
Moreover, the additional time given by law may be an occasion to further analyse your transactions for MDR reporting purposes.
You are also advised to regularly monitor the law for changes. No precise date has been given for the filing periods to resume while the statutory wording “not longer than until 30 June 2020” means that the running of the suspended deadlines may potentially be resumed even in May or June if the epidemic emergency is called off.
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.