Global

Details

  • Service: Tax, International Corporate Tax, Global Transfer Pricing Services, Global Compliance Management Services
  • Type: Regulatory update
  • Date: 8/30/2012

Poland - Proposed legislative changes to transfer pricing documentation requirements 

August 30:   Draft legislation to amend Poland’s tax laws, and recently posted on the Finance Ministry’s website, includes measures to clarify the transfer pricing documentation requirements.

Under the draft legislative provisions, the requirements for transfer pricing documentation concerning related-party transaction also would apply to agreements for establishing entities “without a legal personality”—i.e., partnerships. These new documentation requirements would not apply for capital companies-in-organization and / or joint ventures.


Also, transfer pricing documentation would be required to be prepared in certain situations involving “internal” transfers between a taxpayer and its foreign / domestic (Polish) permanent establishments.


The proposed legislation also would expand the scope of the thin capitalization rules, to apply to shareholders having an indirect shareholding of at least 25% of the borrower’s capital. The determination of indirect participation would be made in accordance with Poland’s transfer pricing provisions.


Read an August 2012 report [PDF 163 KB] prepared by the KPMG member firm in Poland: The Ministry of Finance has published draft amendments to the Corporate Income Tax Act



Contact a tax professional with KPMG's Global Transfer Pricing Services.




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