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Michał Gosek

Tax adviser (Poland)
Associate Partner
Phone: +48 61 624 49 39
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Regulation of the Minister of Finance extending the deadlines for the fulfilment of certain obligations related to transfer pricing documentation entered into force on 15 March 2018. 

Pursuant to that Regulation, the deadlines extended to the end of the ninth month after the end of the fiscal year apply to:

  • preparing the transfer pricing documentation indicated in Article 25a(2b) and (2d) of the PIT Act and Article 9a(2b) and (2d) of the CIT Act,
  • filing the statement that the TP documentation is ready with the tax office, as provided for in Article 25a(7) of the PIT Act and Article 9a(7) of the CIT Act, and
  • attaching to the tax return for the fiscal year a simplified transfer pricing statement (PIT-TP or CIT-TP form), as provided for in Article 45(9) of the PIT Act and Article 27(5) of the CIT Act.

The extended deadlines apply to obligations for which deadlines under the current regulations:

  • expire in 2018 for transfer pricing documentation, the statement and simplified transfer pricing statement  (PIT-TP or CIT-TP form) for the previous fiscal year, i.e. 2017 if the fiscal year corresponds to the calendar year or
  • expire in 2019 for transfer pricing documentation, the statement and simplified transfer pricing statement (PIT-TP or CIT-TP form)  for the previous fiscal year, i.e. 2018 if the fiscal year corresponds to the calendar year.

As regards taxpayers obliged to prepare transfer pricing documentation for both 2017 and 2018, the deadlines will be extended with respect to obligations concerning both periods. The extended deadlines apply also to taxpayers whose fiscal year does not correspond to the calendar year (e.g. the fiscal year of 2017 began on 1 April 2017 and ends 31 March 2018 or began  on 1 July 2017 and ends on 30 June 2018). Then, the taxpayers must fulfil the abovementioned obligations for the fiscal year of 2017 by 31 December 2018 or 31 March 2019, respectively (and, accordingly, for the fiscal year of 2018 – by 31 December 2019 or by 31 March 2020, respectively).

The extended deadline for preparing the transfer pricing documentation applies  to all its elements referred to in Article 25a(2b) of the PIT Act and Article 9a(2b) of the CIT Act. This also applies to the description of financial data which can be drawn up within an additional deadline of 10 days of the date of approval of the financial statements. 

As for deadlines arising out of Article 45(9) of the PIT Act and Article 27(5) of the CIT Act, the extension applies only to PIT/TP and CIT/TP forms. The annual tax return should be filed within the old deadline, i.e. generally by 30 April (PIT) or by the end of the third month after the end of the fiscal year (CIT). It will be possible to add the PIT/TP or CIT/TP form to the previously filed tax return 5 months or 6 months later, respectively. 

Pursuant to the justification accompanying the draft regulation, if the PIT/TP or CIT/TP form  is attached within the deadline extended under the regulation, the tax return will not have to be amended or updated.

If you have any questions as to the filing procedure or  your obligations in connection with the amended legislation, please contact Rödl & Partner experts – they will be happy to help you. 

15.03.2018