This is to let you know that new transfer pricing law requires transfer pricing disclosures to be made by way of a new form called TP-R, replacing the old form CIT-TP. However, while there was a law which waived the duty to submit form ORD-U in the event of submission of CIT-TP (Article Tax Code 82(1a)), this law has been repealed.

Therefore, taxpayers who used to be exempted from filing ORD-U because they filed CIT-TP may now be required to submit forms ORD-U. And this duty will not be affected by whether or not they also file TP-R reports.

On 11 March 2019 the Ministry of Finance issued guidance on submission of ORD-U for 2018, where it wrote that “(….) taxpayers required to file simplified reports using forms CIT/TP or PIT/TP for 2018 are exempted from the duty to report contracts with non-residents for the same period using form ORD-U. Consequently, the repeal of the underlying Article 82(1a) of the Tax Code with effect from 1 January 2019 will not affect the filing of forms ORD-U with disclosures on contracts with non-residents until with respect to 2019.”

You may remember that forms ORD-U must be submitted within 3 months from the end of the relevant tax year.

These forms must be submitted in relation to contracts with a non-resident where:

  • there are direct or indirect associations between the parties, there is a shareholding of more than 5% involved and the total amount receivable or payable under contracts with that non-resident exceeds EUR 300,000;
  • the non-resident has an enterprise, branch or representative office in Poland and the single amount receivable or payable exceeds EUR 5,000.

See below for form ORD-U:

https://www.podatki.gov.pl/media/4229/ord_u-0509.pdf

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.