7 May 2021

Submitting financial statements and TPR – actual deadlines

The new deadlines for the financial statements have come into force under the Ordinance of March 26th, 2021. Please note that the following extensions apply to obligations relating to the fiscal year ending after September 29th, 2020, but no later than April 30th, 2021, for which the deadline for performance has not expired before March 31st, 2021.

The prolongation of deadlines, which is a significant form of support for entrepreneurs struggling with the effects of the crisis caused by lockdown, was initiated in the context of last year’s emergency Laws under the collective name of the Anti-Crisis Shields.

New deadlines for financial statements

Preparation of financial statements:

• Until June 31st, 2021 – for private sector entities and non-profit organizations – the extension of the deadline by 3 months (until the end of the 6th month after the end of the financial year).
• Until April 30th, 2021 – for public finance sector units – an extension by one month
• No extension for entities referred to in Art. 1 clause 2 of the Act of July 21st, 2006 on Financial Market Supervision.

Similarly, the approval of financial statements was also postponed by three months (to the end of the 9th month after the end of the financial year) for private sector entities and non-profit organizations, and by one month for public finance sector entities.

Submission of financial statements to the Head of the National Tax Administration (KAS):

• Until July 31st, 2021 – for natural persons running a business.
• 10 days from the date of approval of the report – for CIT payers, that are not entered in the register of entrepreneurs of the National Court Register.

Submission of financial statements to the National Court Register (KRS):

• 15 days from the date of approval of the report – for entities entered in the register of entrepreneurs of the National Court Register.

TPR

Following the published Act of March 30th, 2021, amending the excise tax law and certain other acts (Journal of Laws of 2021, item 694), the deadlines for submitting transfer pricing information (TPR) and for submitting statements on the preparation of local transfer pricing documentation.

The regulations are a continuation of the legal status introduced by the Anti-Crisis Shield 4.0 of June 19th, 2020. The changes come into force on the day of their announcement, with effect from February 1st, 2021.

According to the new regulations, the information on transfer pricing should be submitted by September 30th, 2021 – if the statutory deadline expires in the period from February 1st to June 30th, 2021. However, if this deadline expires in the period from July 1st to December 31st, 2021, taxpayers can count on an additional 3 months.

The same applies to the deadlines for submitting a declaration on the preparation of local transfer pricing documentation. The new deadline states: until September 30th, 2021 – if it expires in the period from February 1st to June 30th, 2021. However, if it expires in the period from July 1st to December 31st, 2021 – one should count an additional three months.

Possibility of submitting “active complaint”

It is worth remembering that taxpayers can submit an active complaint in matters relating to tax schemes and transfer pricing. It is possible thanks to the provisions of the Act of September 10th, 1999 of Fiscal Penal Code. The conditions set out in Art. 16 of the Code of Criminal Procedure, first of all, specify the relevant circumstances of the commission of the prohibited act.

This possibility applies to taxpayers who have failed to meet their tax obligations for some specific reasons, obligations such as:

• information on tax schemes (MDR),
• information on transfer pricing (TPR-C) and (TPR-P),
• notifications regarding the obligation to provide information about a group of entities (CBC-P),
• information about the group of entities (CBC-R),
• information on US Reportable Accounts (FAT-1),
• information on reportable accounts (CRS) and
• financial statements

Active complaints may be submitted using the e-Tax Office website (utilizing a trusted profile, e-ID, or electronic banking), in writing, or orally (using a testimony protocol). Applications will be considered by the head of the tax office relevant to the applicant.