Due to the coronavirus pandemic, the Minister of Finance has extended the deadline for submitting certain tax information, namely deadline ORD-U and IFT-2R forms for the previous year.
The Minister of Finance kept taxpayers and advisors in suspense until the last moment. The regulation on the basis of which this change took place was published in the Journal of Laws on March 31, 2020 (under item 563) and entered into force as of the date of publication. The Minister of Finance indicated the end of the 5th month after the end of the tax year as the new deadline for the submission of the said information.
It should be remembered that According to the provisions of the Tax Ordinance, legal persons, unincorporated organizational entities and natural persons conducting business activity are obliged to prepare and provide, without being requested by the tax authority, information on agreements concluded with non-residents within the meaning of foreign exchange law. The ORD-U form is used for this purpose and must be filled in and submitted to the tax office, if:
- one of the parties to the agreement, directly or indirectly, participates in the management or control of the other party to the agreement or holds a share in their capital entitling to at least 5% of all voting rights, or
- another entity, not being a party to the agreement, at the same time participates, directly or indirectly, in the management or control of the entities which are parties to the agreement or hold shares in the capital of such entities entitling, in each of them, to at least 5% of all voting rights, or
- a non-resident, being a party to the agreement, has an enterprise, branch or representative office in Poland as defined by separate regulations
– and if the entity obliged to prepare and provide information knew or could have known, with due diligence, about the fact of holding such shares or about the fact of having an enterprise, branch or representative office in the territory of the Republic of Poland by a non-resident.
The regulations specify that ORD-U is drawn up for the tax year and submitted to the head of the tax office competent for the seat or place of residence of the entity drawing up the information, within three months from the end of that tax year. This means that the taxpayers have gained two additional months to fulfill this obligation.
The same applies in the case of CIT taxpayers who are obliged by law to send information about payments made abroad and tax collected (IFT-2R) to taxpayers without a registered office or management board in Poland and to the tax office. In principle, taxpayers must send the information by the end of the third month of the year following the tax year in which the payments were made. In this case as well, the Minister extended the deadline for fulfilling these obligations by 2 months.
Due to the possibility of a postponed tax year (other than the calendar year), the regulation stipulates that the extension of the time limit for the submission of information to the ORD-U shall apply when this deadline expires between March 31, 2020 and May 31, 2020, whereas the extension of the deadline for submitting IFT-2R information applies to taxpayers whose tax year ends between December 31, 2019 and January 31, 2020.
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