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Published on 23 March 2018
The 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.
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.
Dominika Tyczka-Szyda
Partner
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