New interactive TP-R forms published by the Polish Ministry of Finance

The latest interactive TP-R forms were published on 28 September (Wednesday) on the Ministry of Finance’s website. The forms are relevant for the IC-transactions carried out FY 2021.

The release results from the regulations published by the Polish Ministry of Finance (for CIT and PIT payers) – which entered into force on  September 28, 2022.

• https://dziennikustaw.gov.pl/DU/2022/1934
• https://dziennikustaw.gov.pl/DU/2022/1934

What is important they only refer to TP obligations for FY 2021. As announced by the Polish Ministry of Finance, the TP-R forms referring to IC transactions for FY 2022 will be amended after implementation of currently processed Polish tax regulations (including indirect tax haven transactions).

What are the changes?

The new TP-R forms  address the latest technical changes concerning IC-transactions for FY 2021, including:

• clarification of information on the type of entity filing TP-R form, or the entity for which the TP-R form is filed (i.e. a natural person with TIN number, a natural person with a personal identification number, an entity with TIN number, a foreign entity),
• limited scope of information for micro or small enterprises: no need to supplement information on benchmarking or compliance analyses for FY 2021,
• more detailed information reported for the safe harbor regime for financial transactions: additional financial information is required, including transaction value, principal amount, currency, level of indebtedness or interest accrued and paid.

What does it mean?

The new TP-R form has become binding for the filings made as of September 28, 2022. Therefore, the taxpayers who are currently dealing with their TP obligations for FY 2021 should already use the newly published TP-R templates. Otherwise, the filing will be ineffective. At the same time, the taxpayers who have already filed the TP-R forms using the previously binding templates are not obliged to repeat the filings.