Poland: Transfer pricing documentation, preliminary agreements and tax haven-related transactions

“Preliminary contracts” are not subject to requirement for transfer pricing documentation

“Preliminary contracts” are not subject to requirement for transfer pricing documentation

The Ministry of Finance—in response to a parliamentary inquiry—confirmed that “preliminary contracts” are not subject to the requirement for transfer pricing documentation if in the tax year for which such transfer pricing documentation ordinarily would be required, no final contracts are ultimately concluded.

The Ministry of Finance also clarified that regarding transactions—other than controlled transactions when the beneficial owner has its place of residence in a tax haven jurisdiction—the documentation threshold of PLN 500,000 as provided for under Polish tax law is to be calculated on the basis of the value of a uniform transaction entered into with a single contractor (in other words, transactions entered into with more than one contractor or the values thereof are not to be added up).

Read a May 2021 report prepared by the KPMG member firm in Poland



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