Poland

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Overall Phase 2 Rating is Largely Compliant

Table of Determinations and Ratings of the Phase 2 Review

Jurisdictions should ensure that ownership and identity information for all relevant entities and arrangements is available to their competent authorities. (ToR A.1)
Determination Factors Recommendations
The element is not in place.   Foreign companies having their place of effective management in Poland are not obliged to maintain ownership information in all circumstances.   Poland should require foreign companies having their place of effective management in Poland to maintain information on their ownership. 
Bearer shares may be issued by JSCs and LJSPs, and mechanisms to ensure that the owners of such shares can be identified are not systematically in place for all bearer shares.  Poland should take necessary measures to ensure that appropriate mechanisms are in place to identify the owners of bearer shares in all instances. 
Polish law does not ensure that information is available identifying the settlors, trustees and beneficiaries of a foreign trust with a Polish trustee.  Poland should ensure that information identifying the settlors, trustees and beneficiaries of foreign trusts, which are administered in Poland or in respect of which a trustee is resident in Poland, is available to its competent authority. 
Phase 2 Rating Factors Recommendations
Non-Compliant.     
   
   
Jurisdictions should ensure that reliable accounting records are kept for all relevant entities and arrangements. (ToR A.2)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
Banking information should be available for all account-holders. (ToR A.3)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
Competent authorities should have the power to obtain and provide information that is the subject of a request under an exchange of information arrangement from any person within their territorial jurisdiction who is in possession or control of such information (irrespective of any legal obligation on such person to maintain the secrecy of the information). (ToR B.1)
Determination Factors Recommendations
The element is in place.   Professional privilege is extended to tax advisors, preventing the authorities from obtaining information from them in civil tax matters.  Poland should ensure that domestic provisions on professional privileges allow exchange of information in line with the standard. 
Phase 2 Rating Factors Recommendations
Compliant.     
The rights and safeguards (e.g. notification, appeal rights) that apply to persons in the requested jurisdiction should be compatible with effective exchange of information. (ToR B.2)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
Exchange of information mechanisms should provide for effective exchange of information. (ToR C.1)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
The jurisdictions' network of information exchange mechanisms should cover all relevant partners. (ToR C.2)
Determination Factors Recommendations
The element is in place.     Poland should continue to develop its exchange of information network with all relevant partners. 
Phase 2 Rating Factors Recommendations
Compliant.     
The jurisdictions' mechanisms for exchange of information should have adequate provisions to ensure the confidentiality of information received. (ToR C.3)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
The exchange of information mechanisms should respect the rights and safeguards of taxpayers and third parties. (ToR C.4)
Determination Factors Recommendations
The element is in place.   Professional privilege is extended to tax advisors under Poland’s domestic laws, which is not in accordance with the international standard.  Poland should ensure that the scope of professional privilege is in line with the international standard. 
Phase 2 Rating Factors Recommendations
Compliant.     
The jurisdiction should provide information under its network of agreements in a timely manner. (ToR C.5)
Determination Factors Recommendations
The assessment team is not in a position to evaluate whether this element is in place, as it involves issues of practice that are dealt with in the Phase 2 review.      
Phase 2 Rating Factors Recommendations
Compliant.  Where a final response is not given within 90 days, the competent authority does generally not provide a status update, unless requested by the foreign partner. Status updates are not provided mainly because of an organisational issue.  Poland should establish a routine process to update requesting authorities on the status of their requests where the response takes more than 90 days. 

Earlier self-assessment based annual reports entitled Tax Co-operation 2010: Towards a Level Playing Field are also available.