Rafał Gorczyca


Rafał has over 16 years of comprehensive experience in transfer pricing developed in tax consultancy (among others in one of the “Big Four” companies), when working on the side of clients involved in global or international distribution, as well as during works within the Transfer Pricing Forum (the initiative of the Polish Ministry of Finance). He is involved in international and Polish projects and in developing transfer pricing practice in Poland. He completed master’s studies at Cracow University of Economics and bachelor’s studies at Avans Hogeschool (Netherlands).

  • He supports clients in eliminating / reducing transfer pricing risk in projects such as identification of relationships other than direct capital relations, identification of homogeneous transactions, verification of beneficial owner status and identification of transactions concluded with entities from countries and territories applying harmful tax competition (so called tax havens), verification of compliance of contractual provisions with actual course of transaction, identification of transfer pricing obligations, preparation of reliable transfer pricing analysis (comparability analysis, benchmark) in the form of comparative analysis or compliance analysis using internal data or external data from professional databases, preparation of complete local transfer pricing documentation (Local file) and group transfer pricing documentation (Master file), verification of compliance with transfer pricing laws and regulations, preparation of transfer pricing information on TPR-C / TPR-P forms (e.g. in the safest variant for the client, in the most favourable variant or as a combination of various variants), assistance in fulfilment of taxpayers’ obligations related to restructuring from the perspective of transfer pricing, preparation and verification of transfer pricing policy with regard to the actual / contractual course of the transaction and supervision over correct implementation of the policy in determining transfer prices for the needs of current settlements, performing verification of the benefits from the received intra-group services, the so-called benefit test (including, among others, the verification of the reasonableness and if charges are at arm’s length level, verification of completeness of collected evidences of the benefits).
  • Assists in the development of solutions for clients aimed at reducing transfer pricing obligations or lowering costs associated with the fulfilment of these obligations e.g. analysis of approaches to assessing the homogeneity of transactions, analysis of intra-group settlements, implementation of mechanisms enabling the preparation of benchmarking/compliance analyses on the basis of internal data or available external data, separation of low value-added services from total services flows, verification of contractual provisions and the actual course of transactions, preparation of benchmarking analysis using global databases and international practice in a manner accepted by entities from various countries (one cost of benchmark is split between entities from several countries).
  • Advises clients on planning and assists in the process of providing answers and explanations for transfer pricing audits and tax proceedings.
  • Assists clients in developing effective models of settlements in capital groups based on information about substance, various functional profiles, various transfer pricing verification methods, internal or external data from various databases.
  • Actively participates in working groups within the Transfer Pricing Forum at the Polish Minister of Finance dealing with the preparation of proposals for amendments to transfer pricing regulations and recommendations to simplify and tighten the functioning of the transfer pricing tax system. Work to date includes:

transfer pricing methods used in verification processes: participation in the preparation of, among others, descriptions of methods and possibilities of their application,

TPR – information about transfer prices: preparation of a TPR guide in the form of questions and answers to reduce doubts related to the completion and submission of the relevant information on the TPR-C / TPR-P form,

financial transactions: development of recommendations for defining financial transactions, extension of safe harbour applicability, guidance covering preparation of transfer pricing analyses (benchmarks) in the form of comparative analyses and compliance analyses for financial transactions.

  • In addition to the above, he participated in projects including:

preparation of applications for Advanced Pricing Agreements and support of clients during transfer pricing audits and tax proceedings concerning financial transaction, application of profit split method, settlements with entity performing various functional profiles simultaneously, conversion of entity with full risk profile to entities with low-risk profiles, intra-group settlements,

verification of intra-group settlements including cost base, allocation keys, budgeting policy and mechanisms of true-ups, benefits achieved by service recipients and evidence of service provision,

– development and implementation of a procedure to identify relationships other than direct capital relations,

– development of a procedure for verification of beneficial owner and verification of transactions with entities from territories and countries applying harmful tax competition (so-called tax havens) in order to demonstrate due diligence,

– preparation, verification, adjustment of local transfer pricing documentation (Local file) and group transfer pricing documentation (Master file) in Polish or English to be in line with applicable transfer pricing regulations and to actual conduct of transactions covered,

preparation of transfer pricing analyses (comparability analyses, benchmarks) in the form of comparative analyses (using internal transaction data or external transaction data) or compliance analyses for financial transactions (e.g. loan/credit, bond issue, deposit, guarantee, stand-by letter of credit, cash pool) using the Bloomberg database (currently), Royalty Range, Loan Connector, available local or regional transactional data, bank statistics, customized offers, publicly available data about fees,

preparation of transfer pricing analyses (comparability analyses, benchmarks) in the form of comparative analyses or compliance analyses for service or commodity transactions using internal or external data from such databases as TP Catalyst / Orbis global version (currently), contract databases (currently); data from local database (Quick Analytics), for entities from various industries,

preparing transfer pricing analysis (comparability analysis, benchmark) in the form of comparative analysis and compliance analysis for transactions regarding intangible assets, i.e. trademarks, know-how, franchises, IT licenses, contracts and customer bases,

preparation of comments from the perspective of transfer pricing to prepared valuations of e.g. trademarks, ongoing concern, company, part of shares, stocks, bonds, receivables, IT software, real estate, fixed assets,

– preparation of transfer pricing information on TPR-C / TPR-P forms for various transactions and entities from various industries,

– preparation of statement to be signed by management board and instructions for easy filing,

preparation of Country-by-Country Reports (CbC-R) and Country-by-Country Notifications (CbC-P),

preparation of documentation for restructuring transactions (so-called defense file), identification of profit potential, support in planning and current arrangements for restructuring in transfer pricing, preparing a justification for changing the transfer pricing methodology in order to secure settlements from previous years as well as the current and future ones,

audit of functional profile and substance: contract manufacturer, low-risk distributor, principal,

allocation of income to a foreign branch / foreign permanent establishment,

due diligence reviews from transfer pricing perspective,

preparation of justification for the allocation of funding / aid obtained for research and development activities among entities involved in process and justification of settlements,

preparation, verification of agreements for intra-group transactions taking into account the strategy and objectives of the parties and compliance with the actual course of transactions,

preparation of opinions, memorandums, rulings in transfer pricing,

conducting trainings and workshops on transfer pricing (internal and external),

periodic verification of deviations of the actual profitability from the planned values with the use of the SAP system and additional IT systems, identification of sources of deviations and proposing corrective actions.