On 26 October 2018, the upper house of the Polish Parliament (the Senate) adopted the draft bill introducing far-reaching changes to the Polish tax law, including European Union (EU) Mandatory Disclosure Rules (MDR). The main difference of the Polish MDR legislation as compared to the EU Directive is extension of reporting scope. An extended definition of reportable tax arrangements to comprise not only cross-border but also domestic tax arrangements
According to the Polish MDR laws, the cross-border tax systems implemented from 25 June 2018 to 1 January 2019 are subject to reporting by intermediaries before 30 June 2019 and by taxpayers before 30 September 2019 (if the intermediary would not be obliged to report).
Domestic tax schemes between 1 November 2018 and 1 January 2019 are notifiable by taxpayers before 30 June 2019 and before 30 September 2019 by taxpayers (if the intermediary would not be obliged to report). Tax arrangements commencing after 1 January 2019 are notifiable within 30 days of the date on which the scheme is: (i) available for the client, (ii) ready for implementation, or (iii) started, whichever is sooner. This is significantly earlier than the deadline of 31 August 2020 required by the EU Directive.
Fiscal penalties may be imposed if the MDR information is not complete or reported late.
The MDR regulations are expected to come into force as of 1 January 2019.
