Abstract

In this paper the authors present selected problems experienced by capital groups related to shaping the transfer pricing policy in 2020–2021 and describe solutions used in this area. They take into account the OECD Guidance on the transfer pricing implications of the COVID-19 pandemic as well as recommendations and codes of good practices developed at the national level. Among the numerous challenges faced by related entities struggling with economic diffi culties, the following issues emerged: the need to justify the incurred tax losses, verifi cation of advance pricing agreements (APA), assessment of changes in the business model in terms of qualifying it as a restructuring that requires demonstrating compliance with the arm's length principle. While it was acceptable to change the adopted method of determining or verifying transfer prices to adapt to the new conditions resulting from the COVID-19 pandemic, in the case of routine manufactures, routine distributors and shared services centers, resigning from providing them with a minimum profi t or charging them with losses was generally not acceptable except in situations justifi ed by risk-sharing. The authors also presented issues to be verifi ed when assessing fi nancial transactions concluded or modifi ed in 2020–2021.