Epidemic time is coming to an end. What does this mean in taxes?

Michal Nielepkowicz, tax adviser and partner at Thedy & Partners, gave a comment to the Portal. He stressed that, from our observations and experience, the majority of clients (taxpayers), despite the suspension of the deadlines for reporting domestic schemes, analysed the activities undertaken and transactions made on an ongoing basis from the perspective of considering them as potential tax schemes. There were, however, entities that postponed such analysis until the state of epidemic threat was lifted, and before that, the state of epidemic. Significantly, even when taxpayers performed such an analysis from the perspective of recognising actions taken or transactions made as a tax scheme, they very often postponed the subject of preparing the reporting itself due to the suspension of the deadlines for reporting tax schemes. In part, this was due to, the initiative of the MF in the form of the MDR Forum, where, as part of the work started even before the pandemic, invited tax experts presented their comments on how to improve the application of the provisions on tax schemes in practice. One of the elements of the experts’ comments, was the formulation of a draft of the so-called white list of tax schemes, i.e. a list of issues that relatively often appear in practice for taxpayers and literally may meet the definition of a tax scheme, while from the perspective of the objectives of the tax scheme regulations, their reporting does not seem justified, e.g. undertaking activities within the so-called Polish Investment Zone (successor to Special Economic Zones). However, the pandemic period resulted in the Ministry not completing its work in this respect, i.e. not publishing new explanations or submitting this so-called white list. Therefore, it is now definitely necessary to carry out a so-called MDR screening, i.e. a limited review of the actions taken and transactions made from the perspective of identifying potential patterns for reporting and making the reporting itself. This is all the more important as the period of suspension of reporting deadlines for so-called domestic schemes was much longer than everyone anticipated. Moreover, there are, in practice, many more so-called domestic schemes than cross-border schemes whose deadlines have already been suspended. For practical reasons, it is worthwhile to carry out such a screening (limited review) of the MDR now, even before the end of the epidemic emergency, i.e. before 1 July 2023. This is because the deadline for the lifting of the epidemic emergency and the start or continuation of the reporting deadlines for national schemes falls during the holiday period, so it is worth taking care before the holidays to complete the outstanding reporting.
The entire article can be read at this link: Odwołanie stanu zagrożenia epidemicznego. Tłumaczymy, co się zmieni w podatkach (businessinsider.com.pl)