Statement on transfer pricing documentation – less than a month is still left to file the statement to the Polish tax office

There is less than a month left to meet the transfer pricing reporting deadlines. One of the obligations is to file to the Polish tax office a statement on transfer pricing documentation and on the arm’s length nature of the transaction. The statement shall be signed by members of the company’s management board. For most entities, the deadline is December 31, 2022.

The responsibility for signing and filing of the statement is a responsibility of the the company’s representatives, i.e. members of the management board.

In the statement, board members must confirm two important points:

• that the company has prepared the local file, and
• that transfer prices applied in transactions with related parties are in line with the arm’s length principle.

Therefore, before filing the statement, it is worth considering whether:

• the company has met all transfer pricing obligations: does it have transfer pricing documentation ready as well as up-to-date and correctly prepared benchmarking analyzes for all transactions as required by legal regulations,
• prices applied between related parties correspond to those applied on the market by third parties.

In fact, filing the statement is not a simple reporting obligation or a pure formality. It involves taking a number of actions to confirm that the transfer prices applied are reflected by the prices applied between third parties. Such an analysis can be time-consuming and demanding, especially for entities that are compiling it for the first time.

For failure to comply with the obligation to file the statement, management board members are subject to a fine under the Penal Fiscal Code: up to 720 daily rates (approx. PLN 27 million in 2022). This covers both the failure to file the statement and deliberately stating false information in it, for instance in the scope of applying non-arm’s length transfer prices. Thus, it is all the more important to make sure that the transfer pricing obligations are met before actually filing the statement.

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Contact us if you still need to meet the obligations related to preparing transfer documentation and filing the relevant statements. We will gladly assist you in this respect.