Poland: Poland overhauls structure of fiscal administration
International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking 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 OECD had previously missed a June 30 deadline to agree an MLC on amount A; in other news, UK corporation tax bills surged to a record high last year
ITR is delighted to reveal all the shortlisted nominees for the 2024 Americas Tax Awards
Global chair Mohamed Kande and Australian CEO Kevin Burrowes are likely to be grilled on the firm’s lack of co-operation
Consensus on the amount A multilateral convention will take more than six months to achieve, one expert believes
ITR is delighted to reveal all the shortlisted nominees for the 2024 Europe Middle East & Africa Tax Awards
ITR is delighted to reveal all the shortlisted nominees for the 2024 Asia-Pacific Tax Awards
There is a 'critical need' for a unified platform to address challenges in TP, the organisation’s president told ITR
Tax specialist Kate Barton helped to transform EY’s global tax practice, Dentons has claimed
Alex Gerko had challenged HMRC’s positions on deferred trading profits that he and other traders made while working for hedge fund GSA
The Tax Practitioners Board had required PwC to overhaul its internal processes following the tax leaks scandal
Gift this article