The Monetary Policy Council of the NBP (MPC) raised interest rates once again. On February 8, 2022, the Monetary Policy Council decided to increase the reference rate by 0,50 percentage points. i.e. from 2.25% to 2.75%.
Thus, an increase in interest rates may have an impact on the level of remuneration granted by related parties as part of financial transactions (for example, loan transactions).
Pursuant to the provision of Art. 11 of the Corporate Income Tax Act (hereinafter referred to as uCIT), the comparative analysis and compliance analysis are updated at least every 3 years, unless a change in the economic environment significantly influences the analysis justifies updating in the year when this change occurs.
Due to the change in the interest rates, which affect the amount of remuneration, bearing in mind the content of the provision of art. 11 r uCIT, it is now reasonable to review comparative analyzes in the context of the market level of remuneration for a given controlled transaction – in particular when the research population includes remuneration for loans granted by commercial banks in Poland.
In the event that the remuneration for a given controlled transaction is not in line with the arm’s length price, the related entity will be required to update the benchmarking, taking into account the current level of remuneration.
Author: Natalia Kuba – Tax Consultant