Each entity which reduced fuel into Polish must have a special license. Photo: Pixabay
Resort through his actions he wants to recover 2.2 – 2.5 billion zł per year.
the government wants to clamp handling obligations under the issued licenses
The Ministry wants to, among others, prevent evasion of the protective functions of license OPZ on the marketing of fuels from abroad.
As explained Krzysztof Romaniuk, Director. Market Analysis Polish Organization of Oil Industry and Trade, any company that brings fuel into the country must obtain a license to trade fuel from abroad (OPZ).
Polish Organization of Oil Industry and Trade wants to consolidate the licensing and control in one hand
̶ Such a license is issued now 36 and if you do not, you can not bring into the country fuel. But as it turns out, manage to circumvent the law – says the expert.
̶ Our organization proposed sealing of the market by coordination koncesyjno-control – he said.
He explained that currently concession deals ERO, while control leads various services – from police, and customs service ending.
̶ if it was all in one hand, the office of licensing would thoroughly x-ray by an applicant for a license at the same time carry out procedures control – says the expert.
the Ministry wants to seal the collection of VAT
the second objective of the Ministry is to seal the collection of VAT in the trade of liquid fuels from abroad.
As the expert, the main trick of the oil market concern VAT.
He points out that at the moment we do not know the specific solutions that proposes ministry, but stresses that they will be very important, as VAT is gentle tax.
̶ provisions that are in our use apply to all countries. Hence the need to approach this problem very lightly – says the expert.
The law is to be addressed in the near future on the Standing Committee of the Council of Ministers in June to be adopted by the Parliament.
The new rules are an end to the phenomenon of “missing trader”
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.
Fraudsters use the so-called institution. registered destination or tax warehouse
It was pointed out that the scammers use the so-called institution. registered destination or tax warehouse.
Vanishing taxpayers
This entitles it to buy fuel from another EU country in the procedure of suspended excise tax to another entity that owns this commodity, and should accompany him VAT at the rate of 23 per cent. Often these entities, however, “disappearing taxpayers.”
How fraudsters bypass rules
MF indicated that in 2014. Introduced the institution of concessions on trade of fuels from foreign and security institution of property to 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.
Finance Ministry wants the tax warehouses or registered recipient testified services only to domestic entities
proposed by the Ministry of changes in the project predict that the tax warehouses or registered 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 obligation to pay VAT on the acquisition in the Community
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.
Blazej Prośniewski, jk, PAP
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