Starting from 2021 taxpayers with tax revenues exceeding EUR 50 million, are required to prepare and publish information on the implemented tax strategy for the tax year. Information on the implemented tax strategy includes, taking into account the nature, type and size of the business, in particular:

1)   information on the following, as applied by the taxpayer:

a)    processes and procedures for managing the performance of obligations under tax law and ensuring their proper performance,

b)    voluntary forms of cooperation with the authorities of the National Revenue Administration,

2)   information on the fulfilment of tax obligations by the taxpayer in the territory of the Republic of Poland, along with information on the information on tax schemes provided to the Head of the National Revenue Administration,

3)   information regarding:

a)    transactions with related entities, if the value of the sum of all such transactions exceeds 5% of the balance sheet total,

b)    restructuring activities planned or taken by the taxpayer that may affect the amount of tax liabilities of the taxpayer or related entities,

4)   information on applications submitted by the taxpayer for the issuance of:

a)    tax interpretations

b)    binding rate information (VAT),

c)    binding excise information,

5)   information on tax settlements of the taxpayer made in territories or in countries applying harmful tax competition

- excluding information covered by a trade, industrial, professional or manufacturing process secret.

Information on the implemented tax strategy for a given tax year should be published in Polish on the taxpayer’s website by the end of the twelfth month following the end of the tax year. In addition to the current information, information on the implemented tax strategy for the previous year should also still be available on the website.

In case the taxpayer does not have his own website he should provide the information on the implemented tax strategy on the website of a related entity. The address of this website must be reported to the competent tax office. Failure to fulfil this obligation is subject to a fine of up to PLN 250,000.

The above discussed provisions entered into force on January 1, 2021. The obligation to publish information on the implemented tax strategy was applied for the first time in 2021 with regard to the year 2020.