What should you send to the tax office by the end of September regarding transfer prices?
The situation is complicated by the fact that, in relation to 2018, taxpayers can apply both the provisions in force until the end of 2018 and those that entered into force in 2019. Therefore, there may be doubts as to which documents should be sent to the tax office ( CIT / PIT TP or maybe TP-R and additionally a statement on having such documentation) and in what form (paper or electronic). The problems arise from the fact that these issues are defined differently by the regulations in force until the end of 2018, and differently from the provisions that entered into force in 2019, and the inter-temporal provisions in this matter are complicated.
The problem was also noticed by the Ministry of Finance. In explanations of February 1, 2019, he stated that regulated, in art. 44 paragraph 2 of the draft of Act, the possibility of applying the provisions to controlled transactions carried out in the tax year starting after December 31, 2017 does not apply to information on transfer prices (TP-R). The provisions on information on transfer prices apply to tax years starting after January 1, 2019, and for 2018 – regardless of the choice made to apply the regulations on transfer pricing documentation – a simplified report is submitted on the CIT / TP or PIT / TP form ( if, pursuant to the regulations in force in 2018, such a tax obligation arose for the taxpayer) Which means that even if the taxpayer chooses the regulations from 2019, in the scope of CIT TP / PIT TP forms, he applies the provisions applicable until the end of 2018. It is different in the case of statements about having transfer pricing documentation. In this case, the Ministry of Finance in the explanations of July 18, 2019 stated that the statement on the preparation of local transfer pricing documentation is submitted by means of electronic communication in accordance with the provisions of the Tax Code. As a result, it is not allowed to submit a paper statement.