Extension of deadlines for the filing of TPRs and transfer pricing documentation
The deadlines for the filing of the TPR and the statement on the preparation of local transfer pricing documentation for 2021 have been extended – thus, for companies whose financial year 2021 coincided with the calendar year, the deadline is, in principle, 30 December 2022.
For entities whose financial year did not coincide with the calendar year, the deadline for filing the TPR and the aforementioned statement for the 2021 tax/revenue year has been extended to 30 September 2022. – if the “base” deadline for these entities was between 1 January 2022 and 30 June 2022.
These are the conclusions drawn from a literal interpretation of the provisions. In doing so, we note that we are aware of the commonly held view that the deadline for the above-mentioned obligations is 31 December 2022 (which in practice would translate into the actual expiry of the above-mentioned deadline on 2 January 2023). Nevertheless, adopting this view as correct, in light of the literal wording of the provision extending the ‘basic’ deadline by 3 months, may in specific cases give rise to certain risks, so we do not recommend opting for this solution.
At the same time, we point out the doubts concerning limited partnerships that became CIT taxpayers as of May 2021 with regard to the extension of the aforementioned deadline for the period January-April 2021.
In light of the current rules, it is not at all clear whether a limited partnership that became a CIT taxpayer as of last May should file one collective TPR for the entire year for 2021 or two TPRs “split” into periods:
- when that company was not a CIT taxpayer (January-April) and separately
- for the limited partnership’s tax year. i.e. the period when the partnership was a CIT taxpayer (generally May-December).
If it is assumed that the TPR should be filed split between the 2 periods, in that case the extended deadline for filing the TPR for January-April would also be 30 September 2022.
We point out that we do not see a provision that would literally oblige a limited partnership that has been a CIT taxpayer since 1 May 2021 or its partners to file TPR information for the period January-April 2021.
Nevertheless, we signal a potential risk associated with another possible approach by the tax authorities, i.e. to consider that a limited partnership in such a situation should file two separate TPR information for the periods January-April 2021 (designated partner) and May-December 2021. (the partnership as a CIT taxpayer). Although this approach is not supported by the legislation it cannot be completely ruled out.
We would like to inform you that the Ministry of Finance is planning to take an official position on, inter alia, the issue at hand. However, despite these announcements, this position has still not been published. We will inform you immediately when such a position is presented.
Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office
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