Intragroup cost deductibility limitation under Article 15e of the CIT Act: Certain intragroup expenses incurred in 2018 and 2019 can be included in the tax deductible costs only if the APA application is submitted by the end of December 2019
We would like to inform you about the important date in order to save the costs of intragroup services and royalties for 2018 and 2019. Please note that the bill of the Act on the settlement of disputes regarding double taxation and the conclusion of advance pricing agreements, through which the Ministry of Finance intends to introduce a number of changes in the rules for applying for an APA, was successfully voted through by the Senate. As we have previously informed, the above mentioned act was initially planned to introduce the possibility of applying for a simplified APA, the purpose of which was to enable taxpayers to include costs of acquired intangible benefits in the tax deductible costs. Unfortunately, work on the simplified APA has been moved to a separate procedure, which significantly reduces the likelihood of introducing this instrument later this year. Assumptions about the alternative solution to reduce the negative effects of Article 15e of the CIT Act, which was announced by the Ministry of Finance, are also unknown.
As a result, those of you who incurred expenses in years 2018-2019 regarding services and royalties that are subject to limits of Article 15e of the CIT Act and were forced to exclude them from tax deductible costs in order to recognize these costs for tax purposes, should submit an application for a standard APA by the end of this year.
Please note that regulations of Articles 109 and 124 of the Act on the settlement of disputes regarding double taxation and the conclusion of advance pricing agreements enable to exclude transactions from the limit provided in Article 15e of the CIT Act also in relation to the year preceding the year of application submission (i.e. both to 2018 and 2019), only if the APA application is submitted by 31 December 2019. This means that failure to submit an APA application in 2019 may irretrievably result in inability to include such expenses incurred in 2018-2019 in tax deductible costs.
We would like to draw your attention to the fact that covering a transaction by an APA is not only an opportunity for tax recognition of the costs of services, fees and receivables that are subject to limits of Article 15e of the CIT Act, but also gives tax security and an exemption from transfer pricing documentation obligations regarding transactions covered by the decision.
We will gladly answer any additional questions related to the procedure as well as present the available ways to minimize the administrative costs of the APA application process.
CRIDO transfer pricing team
Ewelina Stamblewska-Urbaniak | PARTNER | T: +48 22 324 57 34 | E: ewelina.stamblewska-urbaniak@crido.pl
Michał Szwed | PARTNER | T: +48 22 324 57 05| E: michal.szwed@crido.pl
Anna Wcisło | PARTNER | T: +48 22 324 59 76| E: anna.wcislo@crido.pl