The consultation period for draft withholding tax guidelines could be crucial in addressing the issues surrounding their potential application, say Monika Dziedzic, Jacek Wojtach, and Daria Górka of MDDP. On September 28 2023, the Polish Ministry of Finance published the long-awaited draft of official guidelines on withholding tax (the Draft). The Draft relates to a…
The first-ever scent trademark has been registered in the European Union. Moreover, as much as 79% of consumers prefer to buy products with “eco” trademarks. The appearance of the Apple store is registered as a trademark. A patent claim must be written in the form of a single sentence, and this rule applies worldwide… All…
Identifying the links between parties to a transaction is not only crucial, but also one of the first things a taxpayer should do before proceeding with transfer pricing documentation and reporting obligations. Given the high volatility and uncertainty of the tax laws, it is worthwhile to verify well in advance that for a given year…
Or rather, on the premise of beneficial ownership, since, despite the name of the project (‘clarifications on withholding tax collection’), their scope is limited to the aforementioned aspect. The deadline for comments is 10 October. The draft clarifications raise even more questions than the original one from June 2019. Lack of precision and confusion of…
Safe harbour is a mechanism to reduce documentation and transfer pricing reporting obligations provided that the taxpayer meets several statutory requirements. Once such conditions are met, the taxpayer is supposed to gain certainty as to the arm’s length nature of the price applied in the transaction carried out. However, is compliance with the conditions sufficient…
Group documentation is treated a bit lightly by taxpayers. After the hassle of preparing Local File with transfer pricing analyses and properly completing and submitting the TP-R form, many taxpayers would like to take a breather from transfer pricing obligations. However, we would like to remind you that for some taxpayers, group documentation is just…
In today’s dynamic business environment, organizations face constant challenges to remain efficient and competitive. In this context, one of the key aspects that often consumes a lot of time and resources is the preparation of various documents, such as financial records, reports, commercial offers, reports or tax documentation. The process of creating such documents requires…
The methods used to verify the transfer price are indicated in Article 11d of the CIT Act, i.e.: the comparable uncontrolled price method, resale prices, cost-plus, net transaction margin, profit sharing. However, taxpayers are not obliged to use only the above-mentioned methods when verifying transfer pricing. If it is not possible to apply any of…
On 17th August, the European Commission published rules governing the implementation of the CBAM mechanism during its transitional phase. The transitional phase starts already on October 1, 2023 and will last until the end of 2025. During this period, importers will be required to submit quarterly reports on imports of goods covered by the CBAM…
The primary purpose of a benchmarking analysis is to establish and verify that the terms and conditions in transactions between related parties correspond to the arm’s length principle. Although only one of the integral elements of transfer pricing documentation, these analyses are crucial for taxpayers to meet their transfer pricing obligations. Unfortunately, taxpayers usually realize…