Poland: Poland overhauls structure of fiscal administration
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Poland: Poland overhauls structure of fiscal administration

sarna.jpg

Alicja Sarna

Fiscal administration in Poland will face major changes in its structure and organisation from March 1 when the new law on National Fiscal Administration enters into force.

The main objective of the new regulations is, as its justifications says, to reduce tax fraud, improve collectability of taxes and customs duties, reduce the costs of treasury administration with respect to the amount of government revenue obtained and adjust tax administration to the conditions of cooperation with the tax administration of EU member states.

Governmental tax and customs administration operate separately, and tax competencies are divided between the tax administration and fiscal control unit. From March 1 all these sections will become combined. The law will also limit the role of the finance minister with respect to taxes. His responsibilities will be taken over mostly by the chief of the new administration, i.e. the head of the National Fiscal Administration, who will perform the functions that are now carried out by the Head of the Customs Service, General Inspector of Treasury Control and General Inspector of Financial Information. Additionally, the Minister of Finance will issue general tax rulings (i.e. rulings not addressed to an individual taxpayer).

The newly established Director of the National Fiscal Information will take over responsibilities regarding, i.e. issuance of the individual tax rulings and processing reliable tax and customs information.

The head of the tax and customs office will perform a role similar to the directors of fiscal control offices and heads of customs offices, who are responsible for tax and customs control, as well as establishing and determining levies and placing goods under customs procedures.

The head of the tax office, just as before, will have the primary role in the collection of levies and enforcement of debts while the director of the fiscal administration chamber will supervise both authorities at the first instance.

The new law also provides for standardisation of tax proceedings, including:

  • Tax and customs control, which will replace fiscal control proceedings and will verify whether regulations are complied through an analysis of declared tax bases and the correctness of tax settlements – the decision issued as a result of such controls can be challenged by appealing to the same authority;

  • Audit and audit activities (so far carried out by treasury control institutions);

  • Official verifications (so far carried out by the customs services); and

  • Regulations concerning tax controls performed by the head of the tax office and tax proceedings will remain unchanged.

In certain situations, the National Fiscal Administration will be also responsible for investigating, preventing, detecting and prosecuting given crimes i.e. document fraud, intellectual fraud, using documents with false information and intellectual fraud; deceit; organised crime and participation in an organised criminal group.

Alicja Sarna (alicja.sarna@mddp.pl)

MDDP, Poland

Tel: +48 (22) 322 68 88

Website: www.mddp.pl

more across site & bottom lb ros

More from across our site

The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
The EMEA research period is open until May 31
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
The proposed matrix will help revenue officers track intra-company transactions from multinationals
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
The ‘big four’ firm has threatened to legally pursue those behind the letter, which has been circulating on social media
The guidelines have been established in the wake of multiple tax scandals and controversies that have rocked the accounting profession
KPMG Netherlands’ former head of assurance also received a permanent bar and $150,000 fine; in other news, asset management firm BlackRock lost a $13.5bn UK tax appeal
Gift this article