Most obligations in this area will have to be met by the end of the year, so today we present more answers to questions about transfer pricing.
►Our company recently acquired another affiliated company. This company is required to file a TPR – who is responsible for this now? I would like to point out that the books of the acquired company have been closed.
The acquisition of a company does not exempt it from complying with transfer pricing documentation and reporting obligations. If, at the date of its acquisition, transactions with related entities exceed the legal limits, the acquired company must prepare transfer pricing documentation for such transactions and report data on those transactions in the TPR form. The form in which this TPR form must be filed depends on whether its (the acquired company’s) books have been closed.
In the event of the closing of the books of the acquired company, the form is submitted by its legal successor – i.e. the acquiring company – taking into account the transactions carried out by the acquired company during the year. The transactions carried out by the acquired company in the period up to the date of registration of this merger in the register are reported in separate TPR forms relating to it. The deadline for submitting the TPR form (which covers the period up to the closing of the books) is 11 months after the end of the shortened fiscal year. The transfer pricing information on behalf of the acquired company is submitted to the head of the competent tax authority of the acquiring company. In section A, the acquiring entity indicates the head of the tax authority responsible for it, and the period and purpose refer to the acquired entity. The acquiring company indicates its identification data in section B of the form. However, in sections C, D and F it indicates data relating to the acquired entity. At the same time, in Section E “Additional information”, the acquiring entity must include the following information: “TPR information submitted for the acquired entity (Taxpayer Identification Number, name, address, prevailing PKD)”. In this case, the NIP is written as a sequence of digits (without spaces or dashes). This TPR information is signed by the acquiring entity.
