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Key changes in transfer pricing: Tax and investment agreements, ORD-U, Sanctions in the Fiscal Penal Code part 3 [Polish Deal]

In the third part of our series of articles we describe last changes proposed under the project called "Polish Deal" connected with the topic of transfer pricing. These changes pertain to a number of acts, i.e. the PIT Act, the CIT Act, the Tax Ordinance, the Fiscal Penal Code. The description below presents a summary of the most important aspects in transfer pricing under the "Polish Deal".

Tax agreements and investment agreements

The bill introduces the definition of “investment agreement” into the Tax Ordinance, alongside the existing definition of “tax agreement.” Both types of agreements are to constitute grounds preventing the tax authority from assessing a tax obligation if the relevant agreement is in force, and within the scope of the agreement. This includes transfer pricing matters.


The new changes provide that the obligation to file form ORD-U would be eliminated for entities filing form TPR and not conducting transactions other than controlled transactions with counterparties from tax havens.

Sanctions in the Fiscal Penal Code

The bill calls for changes in the fiscal penal sanctions involving transfer pricing documentation and form TPR. A taxpayer would be exposed to a fine of up to 720 per diem units for failure to file transfer pricing documentation or form TPR. Late filing of transfer pricing documentation or form TPR could be punished by a fine of up to 240 per diem units.

Piotr Skłodowski
Junior Transfer Pricing Specialist

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