Help with MDR reporting tax schemes

Although MDR (Mandatory Disclosure Rules) provisions only entered into force at the beginning of the year, there are already more than one hundred pages of explanations by the Ministry of Finance. Our experience and that of our clients shows that the new regulations are still causing confusion and controversy, and penalties stipulated for reporting errors are the source of anxiety among entrepreneurs.

Who is obliged to report?

Contrary to previous media reports, the new regulations apply not only to professional entities developing, offering and implementing tax schemes for their clients, but to every businessman.

 

What must be reported?

Tax schemes are subject to reporting. Tax schemes are, generally, arrangements allowing for the generation of tax benefits or fulfilling the so-called recognition features as specified by the law.

It must be noted that the regulations apply retroactively and tax schemes must be reported for which:

  • the first operation connected with the implementation was performed after June 25, 2018 – cross border schemes;
  • the first operation connected with the implementation was performed after November 1, 2018 – national schemes.
What must be reported?

Sanctions

The regulations provide for both administrative and penal sanctions. Entities which have not implemented a mandatory internal MDR procedure could face financial penalties of up to 10 million PLN. Provisions of the Fiscal Penal Code stipulate a fine for non-fulfillment of reporting duties.

How can we help?

We provide comprehensive support in fulfillment of MDR-related obligations – from helping to identify tax schemes to the development of an internal procedure to prevent the non-fulfillment of the obligation to report information about tax schemes.

MDR check

We provide you with a tool allowing you to independently verify whether operations which you perform, or in which you participate can be considered arrangements constituting a tax scheme.

Polish version only:

Check

MDR check

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Patrycja Goździowska

Patrycja Goździowska

Partner

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Tomasz Wickel

Tomasz Wickel

Partner

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Beata Krokos

Beata Krokos

Associate

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