Preparation of the changes announced in an interview with PAP in early April, Deputy Finance Minister Wieslaw Jasinski. He pointed out that it seeks to change the definition of the registered destination, so that more associate it with the VAT system.
In the explanatory memorandum to the Ministry of Finance wrote that the purpose of the changes is “the introduction of solutions to prevent the occurrence of fraud in the VAT area intra-Community liquid fuels, as well as reducing their impact on the functioning of the market of liquid fuels and on the income of the state budget. ” As for the sealing of collecting VAT at the so-called. intra-Community acquisitions of fuel and seal of licensing sales of fuels from abroad.
According to the Ministry of Finance is currently a gray area in the fuel market is estimated to be several percent. domestic fuel consumption and causes loss of the state budget in the amount of 2.5-5 billion zł per year, it also has a negative impact on competition and profitability of the fuel industry. “Irregularities in VAT on fuel trading established by the fiscal control in the proceedings that ended in 2015. Amounted to 5.8 billion zł” – written in the memorandum.
It was pointed out that the scammers use the so-called institution. registered destination or tax warehouse. Entitles it to buy fuel from another EU country in the procedure of suspended excise tax to another entity that owns the product and should escort him from the VAT at the rate of 23 per cent. Often these entities, however, “disappearing taxpayers.”
MF indicated that in 2014. Introduced the institution of concessions for the marketing of fuels from abroad and the institution of valuable security guarantee its proper fulfillment. It turned out that in connection with the contractors registered recipients or tax warehouses are increasingly being – instead of “missing trader” – industry led foreign, that buy fuel in the country and sell them “disappearing taxpayers.” Foreign entities that receive from the President of the Energy Regulatory Office license for the marketing of fuels from abroad (OPZ), there are national VAT payers due to the introduction of fuel in the country and its resale “disappearing taxpayers.”
“This design lets you steer clear of the protective function of the concession OPZ and material security, as well as depriving the customs authorities information on entities that are the actual buyers of fuel and avoid payment of VAT “- explained MF. According to the ministry in the last year. Year for the foreign entities were brought over 1.3 billion liters of diesel, and in January and February. more than 340 million liters.
That is why – according to the Ministry of Finance – next fiscal control is necessary to introduce solutions to prevent fraud or be limiting.
Proposed by the Ministry of changes in the project predict that the tax warehouses or registered the recipient will be able to provide services exclusively to domestic or foreign entities with a branch in Poland. Buying fuel under suspension of excise duty using the tax warehouse or registered recipient will involve also the obligation to pay VAT on intra-Community acquisition of goods.
The project also provides for the introduction of the obligation to pay VAT on intra-Community acquisition of motor fuels. Currently, such acquisition is neutral tax – the VAT due is paid after the sale of fuel in the country, but fraudsters do not pay it, and after the sale of fuel disappear. The amendment also envisages increasing the powers of the President of the Energy Regulatory Office for the tests credibility of entities applying for a license to trade fuels from abroad. The concession will be able to receive only a national or a company operating here by a branch in Poland and registered for VAT.
According to the draft novel would enter into force after 2 months from the date of publication. Ministry of Finance hurry to make changes – a draft was prepared without prior assumptions, excluding inter-uploading it directly to the Standing Committee of the Council of Ministers. Any comments can be submitted until Tuesday.
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