“The other thing is it enough to finance the ambitious plans of the new government. I’m afraid that even a significant improvement in tax collection this may not be enough. The situation of the budget significantly improve perhaps above all, the development of the economy” – pointed expert with the law firm A & amp; RT Rynkowska, Kosieradzki, Baker and the Club of the Jagiellonian University.
According to Baker recent government initiatives that seek to improve tax collection, are going in the right direction.
“I think that the common belief society, especially among entrepreneurs, with a particular repressive tax administration in Poland it is not based on facts. Even the former Deputy finance Minister Jacek Kapica, who dorobiono black legend oppressor taxpayers instructed tax chambers, to take the controls only where there is a reasonable suspicion of committing a crime. Maybe the problem of the previous leadership of the Ministry of Finance and the tax administration was the lack of good communication. Besides, contrary to another stereotype, taxes in Poland, especially for companies, are against Europe really low, “- said Baker.
in his view, the new management Ministry of Finance largely continuing its predecessors, with the difference that declares that it will focus more on larger companies. This is what is intended to create a special company to combat fraud in VAT. The expert also pointed to plans to introduce a so-called tax code. clause against circumvent tax law.
“This clause can, with good legislation, to reconcile with the current in Poland clause resolving doubts in favor of the taxpayer. Simply put, if the taxpayer applies the tax structure, which is aimed solely at avoiding taxation, and not the other economic objectives, and the analysis specialists that conclusively prove, will not be able to invoke the clause + in dubio pro Tributario +. such a company will have other suitable instrument, such as the new European regulations on transfer pricing, which will fully apply in Poland from 2017 year. Prevent are just deriving profits abroad in order to hide them from the tax authorities, “- he said Radoslaw Baker.
the Ministry of Finance presented in mid-February a draft law on special rules for certain tasks in the field of computerization of tax administration and fiscal control. He predicts that the Finance Ministry will be able to establish a company which will help in the computerization of the treasury. Thanks IRS has obtained analytical tools to fight fraud in VAT.
“This idea is very reasonable. But I reserve: will not solve all the problems with the seal of the tax system. Some say that the seal of the tax system will budget 40 and even 80 billion a year. These are absurdities. While you can recover 10-15 billion. the problem is especially VAT. It can be assumed that the tax gap because of the VAT may be about 40 billion, so clearly more than the annual amount CIT revenues. More VAT lose than to gain CIT “- said Baker.
He explained how the idea that this new institution functioned as a company. “You should hire professionals the highest quality from the market, who can program, are able to build economic models and know the rules. They would therefore be well-paid, better than ordinary officials. I know that a similar idea was implemented in Australia. The government pulled people from + Big Four + the largest companies who took the analysis of transfers of companies, de facto Exit money to + tax havens +. And their work brings results “- assured baker.
He added that it is but a reservation referring to the idea of the Ministry of Finance to off control of the Inspector General for Personal data over the activities of such companies.
“I think such controls should be large. Supervision on the data processing by such an institution should be the closest. It’s sensitive data, on profits, income, salaries and so on. ” – He stressed.
The expert noted that the ordinary “” IRS “can not deal with crime on VAT, does not have to neither the people nor the legal tools.
” are better tax controls which is preceded by an extensive analysis of data than controls to “random” or based on such. denunciation. After all, it
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