We would like to remind you that the deadline for submitting information on agreements concluded with non-residents expires on 31 March.
Who is the obligation?
Pursuant to Article 82 §1 of the Tax Ordinance, the obligation to submit information on agreements concluded with non-residents includes legal persons, organizational units without legal personality and natural persons conducting business activity. These entities are obliged to prepare and submit information on agreements concluded with non-residents within the meaning of foreign exchange law.
According to foreign exchange law, non-residents are non-residents:
- natural persons residing abroad and legal entities established abroad, as well as other entities established abroad, having the capacity to incur liabilities and acquire rights on their own behalf; branches, representative offices and enterprises established by residents located abroad are also non-residents,
- foreign diplomatic representations, consular posts and other foreign delegations and special missions and international organisations enjoying diplomatic or consular immunities and privileges.
In connection with the repeal of Article 82 §1b of the Tax Ordinance, which provides that entities obliged to submit a simplified CIT/TP or PIT/TP report are exempt from the obligation to submit an ORD-U report, we would like to inform you that as of 1 January 2019 these entities cannot benefit from the exemption from the above obligation. They are obliged to submit the information of ORD-U for 2019 by the end of the 3rd month after the end of the tax year, i.e. by 31 March 2020.
The information of the DSB is drawn up separately for each non-resident and submitted to the competent tax office without a call from the authority – this means that the entity conducting business activity determines whether it is under such obligation.
Author: Izabela Lipka – Tax consultant