On 8 Nov 2023, the Government Legislation Centre published proposed legislation to postpone the due date for the filing of transfer pricing report TPR (click this link for the original Polish version of the proposed Finance Minister regulation).
The proposal is to move the due date for TPR filing forward:
- to 29 Feb 2024 – where the date originally falls in the period from 1 Jan 2023 to 30 Nov 2023;
- by three months – where the date originally falls in the period from 1 Dec 2023 to 31 Mar 2024.
This extension of time will apply to TPR filings for the tax year commencing after 31 Dec 2021.
The proposed regulation would become effective next day after publication.
The extension is proposed on the back of a late provision of new electronic TPR filing software which was not released until 30 Oct 2023, resulting in the need to allow sufficient time for taxpayers to learn the new tool (this will be the first time TPR is filed using an interactive on-line form rather than an interactive PDF form as before). The proposed legislation meets the expectations voiced by taxpayers.
The proposal is now in public consultations, with the window for comments being open for three days after its publication.
We will keep you updated on the progress of this legislation.
As a reminder, with respect to tax years commencing after 31 Dec 2021, TPR includes also a representation that the TP documentation has been prepared in accordance with the facts and the applied pricing is at arm’s length. Therefore, TPR must be signed by an authorised officer and having it signed by a mere agent under power of attorney is not sufficient (unless the agent is from certain professions, such as tax advisor, attorney-at-law, advocate or statutory auditor). For that reason, the board member designated to sign the filing must have a qualified e-signature and a UPL-1 authorisation that has been registered. This may cause problems if such a board member is a foreigner without PESEL, the Polish national ID number, since he or she will need to have their PESEL issued first. The registration of UPL-1 with the relevant office may take a few days so early action is recommended.
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.