Planned changes in taxes

Extending the deadline for preparing and filing transfer pricing documentation

According to the information provided on the website of the Ministry of Finance, 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.
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Explanations presented by the tax authorities

General ruling concerning transfer pricing

On 24 January 2018, the Minister of Finance issued a general ruling on interpreting the provisions of the Income Tax Acts (the Act on CIT and the Act on PIT) with respect to the obligation to prepare the documentation on transactions with connected entities (ruling no. DCT.8201.1.2018).


The first opinion preventing the General Anti-Avoidance Rule

The provisions introducing the General Anti-Avoidance Rule (GAAR), and the regulations connected with them allowing for obtaining an opinion preventing this Rule from being applied were introduced on 15 July 2016.

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The Supreme Administrative Court’s verdict on recognising bank guarantee repayments as revenue earning costs

On 8 December 2017, the Supreme Administrative Court issued a verdict of great importance for banks (case file number II FSK 2667/15) which referred to the possibility of recognising repayments made by a bank on account guarantees given by it, as revenue earning costs. The essence of this dispute was the provision of Article 16 par. 1 point 25) letter c) of the Act on CIT which stipulates that receivables written off as being uncollectible were not considered to be revenue earning costs, except for those losses incurred by the bank on account of guarantees or suretyship [Polish: “poręczenia’] for the repayment, granted after 1 January 1997, of bank credits and loans, calculated according to point 25 letter b).

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