TPR, transfer pricing | cenytransferowe.org

Transfer pricing information

The transfer pricing information is a tool created by the Ministry of Finance for analysing the prices applied by taxpayers in controlled transactions. The obligation to file transfer pricing information using form TPR-P or TPR-C was introduced with effect from 1 January 2019. Under the previous legal regime the simplified forms CIT-TP and PIT-TP applied.

How is the TPR information prepared and filed?

The TPR information must be filed by the ninth month following the close of the tax year. It is filed exclusively in electronic form with the Head of the National Revenue Administration.

Both related parties required to prepare tax documentation and entities benefiting from an exemption from that obligation are required to prepare this information.

Scope of the information contained in the TPR

The transfer pricing information (TPR) is a set of information about transactions concluded between related parties and between taxpayers and entities having their place of residence, seat or management in a territory or country engaging in harmful tax competition (so-called tax havens).

The TPR information must report:

controlled transactions subject to the obligation to prepare local transfer pricing documentation, and
controlled transactions exempt from the obligation to prepare local transfer pricing documentation (so-called domestic transactions), and
amounts paid to entities having their seat in states and territories engaging in harmful tax competition, where the value of those amounts and agreements exceeds the threshold of PLN 100,000.00,
amounts paid whose beneficial owner has its seat or management in a state or territory engaging in harmful tax competition, where the value of those amounts exceeds the threshold of PLN 500,000.00.

The elements of the transfer pricing information comprise:

the purpose of filing the information and the period it covers
the identification details of the entity filing the information and of the entity for which it is filed
general financial information on the entity for which the information is filed
information on the related parties and the controlled transactions
information on the methods and transfer prices
additional information or explanations.

Frequently asked questions

Who files the TPR transfer pricing information?

The information is filed by entities required to prepare local transfer pricing documentation and by entities carrying out controlled transactions exempt from that obligation under the rules on the exemption for domestic transactions. The TPR obligation is therefore wider than the documentation obligation.

By what deadline is the TPR information filed?

By the end of the eleventh month following the close of the tax year. The information is submitted to the Head of the National Revenue Administration in electronic form, using the form made available by the Ministry of Finance.

Does the TPR information include a statement that the prices are at arm's length?

Yes. The separate statement on the preparation of the documentation has been incorporated into the TPR form. The filing party confirms that the local documentation has been prepared in accordance with the actual state of affairs and that the transfer prices covered by the documentation are set at arm's length.

Who signs the TPR information?

The information is signed by the head of the entity within the meaning of the Accounting Act and, in the case of a multi-member body, by a designated member of that body. Signature by a proxy is possible to the extent set out in the rules, but responsibility for the content remains with the head of the entity.

What are the consequences of failing to file the TPR information?

Failing to file the information, filing it late or giving in it data inconsistent with the documentation is an act punishable by a fine under the Fiscal Penal Code. The TPR data is also used by the administration to select entities for audit.