What’s new in transfer pricing in 2024
2024 is an exceptional year as regards the transfer pricing reporting (TPR) obligation. As the deadline for filing the TPR information was postponed until 31 January 2024 if it fell in the period from 30 November 2023 to 31 December 2023, a number of entities will file the report twice in 2024: for 2022 and for 2023.
Postponement of the deadline for TPR filing is not the only important event in the area of transfer pricing taking place in recent weeks.
- Update of the TPR Manual
On 22 December 2023, the Ministry of Finance published an updated version of answers to questions regarding the obligation to prepare and file the transfer pricing information (“TPR”).
Importantly, the updated version of the MF Manual clarifies certain issues related to TPR form filing procedure. In particular, numerous doubts regarding the proper way of signing and filing the TPR information were addressed, including the signing the form by non-residents.
The latest update of the Manual also clarifies numerous doubts regarding the rules of transfer pricing reporting for foreign establishments.
One of the data required to be shown in the TPR form published at the end of 2023 is the percentage impact of comparability adjustments on the result of the benchmarking analysis. The Ministry of Finance explained how to calculate the value of this impact.
The TPR Manual also addresses the following additional aspects:
- indication of the actual and contracted price in transaction information,
- the manner of recognizing restructuring,
- additional explanations of financial transaction reporting.
In particular, the new TPR Manual contains a summary table with the type of data to be provided as a transaction value for each type of financial transactions. Moreover, some specific aspects of hedging, insurance, bancassurance and surety were also addressed.
The full wording of the TPR Manual is available at:
https://www.podatki.gov.pl/media/9686/informator-tpr-2022.pdf
- A new announcement made by the Minister of Finance regarding the base rate and margin under the safe harbor simplification.
On 27 December 2023, the Minister of Finance published an announcement in Monitor Polski (an official gazette) regarding the type of base interest rate and margin for the purpose of transfer pricing in respect of personal income tax and corporate income tax.
The announcement indicates the type of base interest rate and margin required to set the interest rate in transactions of loans, credits or bonds issue between related parties, which give the right (as one of the requirements) to use the safe harbor simplification for the purpose of transfer pricing.
For loans (credits and bond issue) granted before 1 January 2022 in US dollars or British pounds, the base interest rate based on LIBOR USD 3M and LIBOR GBP 3M (which are withdrawn from the market) can still be used with a view to structured expiration (amending) of such contracts. Ultimately, for US dollar or British pound transactions subject to the safe-harbor regulation, base interest rates based solely on new reference benchmarks will apply: SOFR and SONIA, respectively.
New values of margins applicable under the safe harbor simplification are as follows:
- for the borrower – maximum 3.1 percentage point,
- for the lender – minimum 2.2 percentage point;
- the sum total of absolute values of the base interest rate and one of the above values if the value of the base interest rate is less than zero.
The announced type of base interest rate and margin have been in force since 1 January 2024.
The full wording of the announcement is available at:
https://www.podatki.gov.pl/media/9713/obwieszczenie-safe-harbour-po%C5%BCyczki-cit-pit.pdf
- XVIII Transfer Pricing Forum
Another (eighteenth) edition of the Transfer Pricing Forum was held on 12 December.
It was an open meeting held online using the Teams application. During the meeting, the effects of work of some working groups were presented and discussed, including those concerning finance transactions, benchmarking analysis of financial transactions, binding orders referred to in the Commercial Companies Code, and general definitions, including that of a controlled transaction.
The Transfer Pricing Forum is a opinion giving and advisory team that has been active at the Ministry of Finance since 2018. It is a platform of cooperation and exchange of views on transfer pricing between the tax administration and taxpayers.
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The Andersen Transfer Pricing Team have substantial experience preparing transfer pricing documentation and benchmarking analysis, transfer pricing reporting, development and verification of transfer pricing policies and procedures, as well as preparing models of settlements between associated enterprises.
Should you have any questions or doubts regarding the issues discussed here, we are ready to assist you.
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