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13 / 09 / 17 – Poland: Newsletter 43/2017 - Aggressive tax planning will have to be reported to tax authorities

This is to let you know that the Finance Ministry are now working on legislation to implement into Polish law the European Commission's proposal of a directive amending Council Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements.
The Commission has proposed a set of new rigorous regulations requiring taxpayers and their intermediaries (including tax advisors, lawyers, banks) to disclose potentially aggressive tax planning arrangements to tax authorities.
As the current planning schemes are highly complex and continuously evolving, the Commission chose not to define "aggressive tax planning". The reportable tax planning schemes will be those which will clearly indicate tax avoidance or fraud. The Commission developed a list of what it calls "hallmarks" that make a planning scheme aggressive. Accordingly, if a scheme bears even one of the relevant hallmarks, it will automatically have to be reported to the competent tax authority.
The obligation to report a potentially aggressive tax planning scheme will be on:

  • any intermediary who has made the scheme available for implementation by the client,
  • any taxpayer who has received the scheme from:
    • an intermediary doing business outside the EU, or
    • an intermediary bound by a legal professional privilege or a confidentiality obligation;
  •  any taxpayer who has developed the scheme himself.

The Commission has left it for the Member States to define any sanctions applicable in cases of failure to file reportable aggressive tax planning schemes.

The Finance Ministry have not published any draft legislation on this matter yet. We will keep you up-to-date on further actions taken by the Ministry.

If this issue pertains to your business and you are interested in our assistance, please contact your WTS&SAJA consultant or our office.

Doradztwo Podatkowe WTS&SAJA Sp. z o.o.
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ul. Roosevelta 22
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tel. (+48) 61 643 45 50
fax. (+48) 61 643 45 51
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Al. Jerozolimskie 81
02-001 Warszawa

This Newsletter provides general information and is designed to keep you up-to-date with changes in tax law, tax rulings and interpretations, case law development and interesting commentaries.
Doradztwo Podatkowe WTS&SAJA shall not be held legally liable for any acts or omissions that follow from the contents hereof.

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