Mandatory Disclosure Rules (MDR)
As of 1 January 2019 taxpayers are required to disclose information about their reportable arrangements (called “tax schemes” in Poland) pursuant to Polish regulations implementing the MDR framework. Simply put, a tax scheme is a business operation that meets the relevant statutory test. Importantly, and despite appearances, it is not only about tax optimisation or arrangements designed to generate tax savings. For all practical purposes, a tax scheme may happen to be found even where no tax benefit is obtained.
Polish MDR regulations impose a number of duties both on those who design schemes and make them available (called “promoters”) and those that benefit from them (called “beneficiaries”, also known as users or relevant taxpayers). In certain cases, the requirements may also apply to those who provide support or assistance in creating or implementing a tax scheme (these are called “helpers”, also known as service providers).
Importantly, the Polish MDR regulations are unclear and generate plenty of controversies in their application. Still, penalties for breach are severe.
SENDERO offers end-to-end support for businesses preparing to report their tax schemes. Our services include, without limitation:
• analysing business operations to identify reportable arrangements (tax schemes),
• provision of MDR compliance training,
• development of internal MDR procedures,
• support in preparing and submitting MDR reports
• We have a proven track-record of serving businesses in MDR compliance matters.
• We have provided a number of training workshops on MDR reporting.
• We have developed many internal MDR procedures for Polish and foreign businesses operating in various industries, from automotive through IT to tourism & leisure.
Also, at your request, we will be pleased to deal with any similar matters related to this area.