According to the information provided on the website of the Ministry of Finance in Poland, there are legislative works currently being carried out aimed at extending (by six months) the time limits for fulfilling certain obligations related to preparing and filing transfer pricing documentation.
Significant amendments to the provisions of the Income Tax Acts (the Act on CIT and the Act on PIT) with respect to the documentation of transactions made with connected entities, were introduced in 2017. The amendments imposed several new documenting and reporting obligations on taxpayers (among other things, preparing local and group documentation, filing statements on the preparation of the documentation, as well as reports). According to the currently binding provisions of law, the deadline for fulfilling these obligations falls on the same day of filing the tax return for a given year. With respect to taxpayers whose fiscal year corresponds to the calendar year, the deadline for fulfilling the documenting and reporting obligations related to transfer pricing therefore falls on 31 March 2018.
It follows from the official announcement of the Ministry of Finance that the Ministry took into account the potential difficulties in preparing, within the same time limit, the annual tax return and fulfilling the obligations related to transfer pricing documentation to a greater extent than today. For this reason, the Ministry plans to extend the deadline for fulfilling the obligations related to preparing the transfer pricing documentation. This will refer to:
• preparing local and group tax documentation (the so-called local file and master file),
• submitting a statement on preparing the tax documentation to the tax offices,
• enclosing, with the tax return for a given fiscal year, a simplified report (CIT-TP and PIT-TP).
The deadline for fulfilling the aforementioned obligations is to be extended until the last day of the ninth month after the end of a given fiscal year. With respect to taxpayers whose fiscal year corresponds to the calendar year, this deadline will therefore be extended until 30 September. The extension of the deadline is to cover the documenting and reporting obligations connected to transfer pricing for the years 2017 and 2018, therefore they are obligations which need to be fulfilled in the years 2018 and 2019, respectively.