In recent days, on the website of the Government Legislation Center, you can read about the draft implementing regulations for the proposed changes in tax legislation in the field of transfer pricing.

The Ministry has published five regulations, among which we will find among other regulations:

  1. regarding the manner of ensuring compliance of conditions between related entities being taxpayers of corporate income tax with the terms that unrelated entities would establish among themselves, which repeals the ordinance of September 10, 2009,
  2. on the detailed scope of elements of local and group transfer pricing documentation in the scope of corporate income tax, which repeals the regulation of the Minister of Development and Finance of September 12, 2017.

In addition, the draft includes a regulation on the detailed scope of data provided in transfer pricing information and the manner in which taxpayers complete income tax from legal entities, imposing new reporting obligations on taxpayers.

In addition, among the draft implementing provisions, there are regulations on the manner and mode of eliminating double taxation in the case of adjustment of affiliates’ profits and determination of countries and territories using harmful tax competition in the area of ??corporate income tax.

The planned changes are to take effect on January 1, 2019.

Author: Aleksandra Chojnacka – Senior tax consultant