Transfer pricing: update of comparative analyses due to a coronavirus

The obligation to update the comparative and compliance analyses results from Article 11r of the CIT Act. According to this article, the comparative analysis and the compliance description shall be updated at least once every 3 years, unless there is a change in the economic environment that significantly affects the drawn-up analysis. This update must be made in the year in which the change occurs.

This provision does not contain any indication of the concept of 'change in the economic environment', but merely indicates that the change must 'significantly affect' the comparative analysis or the compliance description.

The threat of SARS-CoV-2 coronavirus concerns all industries, so it is important to verify the impact of the current economic situation on settlements with related entities or the supply chain in each company, and thus on the existing documentation.

Verification of the impact of the economic environment on the company and updating of the analyses and descriptions will help reduce the risk of disputes with the tax authorities.

Anna Dąbkowska, Junior Tax Specialist