Global

Details

  • Service: Tax, Global Transfer Pricing Services, Global Compliance Management Services
  • Type: Regulatory update
  • Date: 3/8/2013

Poland - Revised tax haven list, transfer pricing documentation 

March 8:   Poland’s Ministry of Finance proposes to amend the regulations containing the list of countries and territories that are identified as applying “harmful tax competition.” If finalized, the changes could affect the transfer pricing documentation requirements of Polish taxpayers conducting transactions with entities located in these jurisdictions.

The draft amendments propose:


  • Removing the Netherlands Antilles, Isle of Man, Jersey, and Guernsey from the list
  • Adding Sint-Maarten and Curacao to the list

If finalized, the proposal would affect taxpayers engaged in transactions with entities whose place of residence, seat, or head office is located in one of the listed country / territory.

Effects on transfer pricing

For transfer pricing purposes, the effect of the revised list could change the scope of requirements in relation to the transfer pricing documentation (under article 9a paragraph 3 of Poland’s corporate income tax law which pertains to a transaction in connection with which the resulting receivables are paid directly or indirectly in favor of an entity whose place of residence, seat, or head office is located in a country or territory applying harmful tax competition if the total contractual amount or the total amount due exceeds €20,000 or an equivalent amount).


Read a March 2013 report [PDF 164 KB] prepared by the KPMG member firm in Poland: Draft on amendment to the decree concerning territories and countries applying harmful tax competition



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




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