Warsaw, 05/02/2016 (ISBnews) – On the conclusion of proceedings in the area of transfer pricing and tax optimization fiscal control has identified a number of irregularities in the total amount of nearly 834 million zł, the finance ministry reported. For the second quarter of 2016. Ministry announces detailed inspections in companies.
The Ministry of Finance on December 18 last year. R. Reported on one of the priorities for 2016. Which will be a study of transfer pricing.
“According to the communication MF encourages taxpayers to make adjustments for the years the past the end of the first quarter of 2016. in the first quarter of this year. MF will focus on expanding its own human resources and deepening the understanding of these phenomena. However, in the second quarter of 2016. will be carried out inspections focused on entities, which in recent years has not paid at all CIT, despite significant revenue growth, which indicates the designed structure aimed at reducing the tax base in Poland to zero “- the release reads.
According to the ministry, in the conclusion of proceedings in the area of transfer pricing and tax optimization fiscal control has identified a number of techniques to determine the conditions of transactions within groups of companies resulting in no disclosure of income or disclosure of income lower than those that would be expected if such relationship did not occur.
disclosed irregularities, confirmed at the appellate and judicial as well as adjustments to tax returns related m.in.
– the sale of shares held in zoo chain of related entities – in order to artificially increase the book value of these shares to the amount of money obtained from the sale to an independent entity, thus avoiding the creation of income tax. Understatement of tax liability income tax per tax year amounted to the above account of nearly 500 million zł.
– single large contract – signed with the majority shareholder on future cash flows, the actual goal was to ensure foreign parent company participate in the profits from the sale of shares in another company, and for controlled – the creation of tax loss. The audit questioned tax loss of nearly 300 million zł.
– non-market amount of the license fee, that under the agreement the licensee (operator controlled) undertook to pay to the licensor, ie. A foreign shareholder, that reduction only 1% resulted in correction of the declared cost tax for four years the tax by approx. 25 million zł.
– improper key cost sharing / allocation of profits to the entity national – due to improper assignment of functions and risks incurred by the central and Polish branch. Characterized as a result of new coefficient of distribution of profits between head office and branch, taking into account actual functions performed in the transaction resulted in an increase in corporate income tax by the amount of nearly 2 million zł.
– the granting of loans or guarantees between related parties on terms more favorable than those applicable on the market, ie. without due compensation lender and the repayment period for decades. The result of the audit was the decision, which sets out the tax payment in the amount of more than 7 million zł.
In December last year Ministry of Finance recalled that the law also provides for a beneficial solution for businesses that may have doubts about the legitimacy of their actions in previous years. In accordance with art. 81 par. 1 Tax Law, companies can correct previously filed returns (without giving reasons). For such companies the law provides for a “bonus” – if they make the adjustment yourself, pay half the interest. If the company will be forced to adjust the tax returns as a result of the inspection duty – interest will be payable in full.
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