What if your TPR filing is overdue?

2 December 2024 was the filing deadline for TPR transfer pricing disclosures, applicable to those taxpayers whose tax years coincide with the calendar year (for the other taxpayers the deadline is end of eleventh month following the relevant tax year).

TPR reports various information about transactions with affiliates and is submitted on a dedicated form using an on-line gateway administered by the Ministry of Finance.

By law, a TPR must be sent by electronic means (using form TPR-P for personal income tax or TPR-C for corporate income tax) and contains information about affiliates, financial performance, controlled transactions, transfer prices, and transfer pricing methods. The disclosures are to be based on the company’s local file and the form includes a declaration that one has been prepared.

In accordance with criminal tax regulations (Fiscal Penal Code), a failure to file a TPR or filing one that contains false information is punishable by a financial penalty of up to 720 day fines, while the financial penalty for late filing is up to 240 day fines. The responsibility for the filing of a company’s TPR disclosures is on the persons in charge of its transfer pricing compliance, being the members of its management board.

If your TPR filing has not been made yet and it is already past the statutory deadline, you may use the self-reporting mechanism (czynny żal) under Article 16 of the Fiscal Penal Code. Note that a self-report will not be effective if it is made after the relevant authorities become aware of your delay. Hence, taking a prompt action to comply (file the overdue TPR with a self-report) can help substantially mitigate or entirely avoid the related criminal liability.

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.