The Court of Justice of the European Union (CJEU) confirmed in its judgment of 16 November 2023 (C-366/22 Viterra Hungary) that it is not only the objective characteristics and properties of the goods that affect their classification, but also the processing or treatment process and their intended use. What does the case involve? The case…
Although the deadlines for filing the transfer pricing information (TPR) form for 2022 are to be extended by 3 additional months, many taxpayers have decided to file it by the original deadline. In addition to the information on these transactions, however, there are a few additional issues that should not be forgotten when filling out…
One of the key elements of transfer pricing documentation is a transfer pricing analysis. It can be prepared in the form of a benchmarking analysis or in the form of a compliance analysis. The transfer pricing analysis must include (with justification for selection): transfer pricing verification method; selected party or transaction to be investigated; a…
One of the types of controlled transactions that can be carried out between related parties are capital transactions, including those involving share capital increases and surcharges. In both cases, the purpose is to recapitalize the company and finance its operations, while the effects that arise on transfer pricing grounds are different. In the event of…
The deadline for submitting the 2022 TPR form (for taxpayers whose tax year coincides with the calendar year) was supposed to be 30 November, less than a month away. It should have been. The Ministry of Finance’s announcements suggest that the deadline will be extended to the end of February 2024. Unfortunately, we do not…
When trying to complete the TPR form, it is good to remember what the primary purpose of this reporting is. The Ministry of Finance explicitly indicates that “the purpose of TPR reporting is for the tax administration to gather selected information for the analysis of the risk of understatement of taxable income in the field…
General rules The regulations on preventing hybrid mismatches in Poland came into force on January 1, 2021, and are an implementation of the EU ATAD 2 directive. Analogous regulations are in force in other EU countries, as well as outside the bloc (the UK, Australia). The purpose of the regulations is to prevent double deduction…
On January 1, 2024, the minimum corporate income tax provisions of Article 24ca of the CIT Law will begin to apply. Therefore, we are starting a series of publications in which we will introduce the assumptions of minimum income tax and indicate how to determine whether it will apply to a particular organization and, ultimately,…
In 2023, the deadlines for completing transfer pricing obligations for 2022 have been shortened. The starting point for fulfillment of TP obligations is reliable local documentation (Local File). Deadline for fulfillment of obligations For taxpayers whose tax year coincides with the calendar year, the deadline for Local File for 2022 is October 31, 2023. Admittedly,…
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…