October 29, 2020 / Law /

Pursuant to the government’s draft of September 30, 2020 (print number 642), certain groups of taxpayers will be required to annually prepare information on the implemented tax strategy and to publish it. It is worth noting that the obligation will only apply to:

  • taxpayers whose revenues exceeded the equivalent of EUR 50 million in the tax year,
  • tax capital groups – regardless of the amount of revenues,
  • real estate companies – regardless of the amount of revenues.

The information about the implemented tax strategy should include in particular:

  • the number of information on tax schemes (MDR) provided, broken down by the taxes they relate to,
  • information on transactions with related entities, the value of which exceeds 5% of the balance sheet total of assets,
  • information about restructuring activities planned or undertaken by the taxpayer that may affect the amount of tax liabilities of the taxpayer or related entities,
  • information on submitted applications for a tax interpretation, binding rate information (WIS) and binding excise information (WIA),
  • information on making tax settlements of the taxpayer in countries applying harmful tax competition.

Unfortunately, the enumeration of the components of the information on the tax strategy is only an example and the information should be extended depending on the nature, type and size of business activity.

The draft assumes that taxpayers will have 9 months after the deadline for submitting the annual CIT return to publish a report on the implementation of the strategy on the website and to submit information to the relevant tax office. When the taxpayer does not have his own website, he will be obliged to make it available in polish language on the website of the related entity.

The draft is at the stage of legislative work and is to enter into force on January 1, 2020.