On May 26th the Polish Minister of Finance, Tadeusz Kościński along with the Ministry of Finance (MoF) team, participated in a meeting organized by the International Group of Chambers of Commerce. The meeting was a part of an initiative “Dialog with Business”. The key tax areas discussed concerned:

  1. Withholding tax (WHT) regime – The MoF confirmed previous statement that it will issue a new (sixth) regulation postponing the WHT “pay and refund” regime. At the same time, the MoF is determined to make this a last postponement and to proceed with the amendments to the WHT provisions. The scope of the possible amendments was discussed in 2020, but during this meeting it has not been clarified if it will remain the same. The MoF declared that the draft project will be circulated this summer for public consultations with a goal to make it effective as of 1 January 2022. In parallel, MoF plans to finalize the explanatory notes to the final version of the WHT regime so that they would be issued at the beginning of 2022 as well.
  2. New TP obligations related to “tax haven” transactions – despite concerns raised on the difficulties caused by the new regulations[1] it seems that at this stage The MoF does not consider any changes or postponement of the new obligations. A more detailed answer is to be presented by The MoF in writing after the meeting.
  3. MDR (DAC-6) regulations – The MoF is currently working on revision of the explanatory notes to the MDR regulations. The revised draft is planned to be forwarded to public consultations still this summer.
  4. Advertisement fee – The MoF is analyzing the input received during the public pre-consultations of the project on advertisement fee and declared that any further actions will be discussed once the review is completed. The MoF also pointed out that it is monitoring in parallel the international actions taken at the EU/OECD level.
  5. Central Invoice Register – The MoF representatives confirmed that drafting of the provisions on CIR is close to an end and the draft project will be forwarded to public consultations within a few of weeks. Moreover English version of specification for Central Invoice Register will also be presented.
  6. Advanced Pricing Agreements – The MoF assured that thanks to revision of the internal procedures of handling the APA projects, the expected timing for granting the APA will significantly accelerate mid-2021.

[1] i.a. the obligation to prepare a TP documentation for transactions conducted – even indirectly – with an entity seated in a so-called harmful tax jurisdiction.