Duty to report cross-border tax schemes resumed - important information for Company Boards

Meanwhile, Polish regulations oblige to report tax benefits on all taxes (CIT, PIT, VAT, TCLT, real estate), in cross-border and domestic transactions if the criterion of a qualified beneficiary is met, i.e.

• when the beneficiary is an entity with revenues / or costs or the value of assets exceeding the equivalent of EUR 10 million, or
• the subject of the agreement are things or rights with a market value exceeding EUR 2.5 million).

The scope of Polish regulations also covers VAT in the part concerning settlement of VAT surpluses.

The maximum fine for failure to properly comply with tax scheme reporting (MDR) obligations, including failure to file or timely file information is up to 26.88 million PLN in 2021.

According to the regulation of the Minister of Finance’s Ordinance as of
30 June 2020 on the extension of certain deadlines related to the provision of information on tax schemes and the exchange of tax information with other countries, new deadlines have been introduced for the reporting of cross-border tax schemes:

• for the promoter - until 31 December 2020 (deadline passed),
• for the beneficiary - until 31 January 2021,
• for the facilitator - until 28 February 2021.

Downloads

• PKF Alert - Duty to report cross-border tax schemes resumed - important information for Company Boards!.pdf [PDF]