Obligation to publish information on implemented tax strategy

Who is obliged to publish information on the implemented tax strategy?

The obligation to publish information on the tax strategy pursued applies to:

• Tax capital groups - regardless of the amount of revenue generated;
• Other taxpayers in which the value of revenue generated in a given tax year exceeded the equivalent of EUR 50 million (converted at the average exchange rate of the National Bank of Poland, announced on the last working day of the calendar year preceding the reporting year).

It should be noted that in the case of tax capital groups, the information prepared should include information with regard to both the tax capital group and each of its constituent companies.

What the published information on the implemented tax strategy should include?

Pursuant to Article 27c sec. 2 of the Corporate Income Tax Act, information on the implemented tax strategy should include, in particular:

• Information on the processes and procedures applied by the taxpayer concerning the management of the performance of its obligations under the tax law and ensuring their proper execution;
• Information on the voluntary forms of cooperation applied with the National Tax Administration;
• Information on the performance of tax obligations in the territory of Poland, together with information on the number of information on tax schemes submitted to the Head of KAS - with an indication of their breakdown by individual taxes;
• Information on transactions with related entities, the value of which exceeds 5% of the balance sheet total of assets - determined on the basis of the last approved financial statements;
• Information on restructuring activities undertaken or planned;
• Information on applications submitted to the tax authorities for the issuance of:

          (a) general tax interpretations,

          (b) individual tax interpretations,

          (c) binding rate information,

          (d) binding excise information;

• Information on the taxpayer's tax settlements in territories or countries practising harmful tax competition (so-called tax havens).

Deadlines

The tax strategy must be published by the end of the 12th month following the ended tax year. The information should be posted on the taxpayer's website and be prepared in Polish or translated.

Please note that for the majority of taxpayers (whose tax year coincides with the calendar year), this deadline ends on 31 December 2024. We therefore encourage you to review your obligation to publish the tax strategy implemented in 2023 in advance and to adequately prepare for its fulfilment.

How to provide information about the implemented strategy?

The next step is to notify the head of the relevant tax office by electronic means of communication that the strategy has been published, along with providing the address of the website where it was posted. The deadline for transmitting the information is the same as the date of its publication.

Failure to comply with the obligation

If the taxpayer fails to comply with the obligation to publish and provide information on the implemented tax strategy, must take into account the possibility of imposing a financial penalty. The head of the relevant tax office may punish a taxpayer failing to comply with the obligation to provide information on the implemented tax strategy with a penalty of up to PLN 250,000.

How can we help?

Forvis Mazars experts remain at your disposal for ongoing support in fulfilling the obligation to publish information on the implemented tax strategy for 2023.

We also offer assistance both in the preparation of information on the implementation of the tax strategy from scratch, as well as provide services for its updating and verification.

We also remain at your disposal for comprehensive support in the development of an internal tax strategy document, for implementation and use in future periods.