Koncepcja Krajowej Administracji Skarbowej w świetle problemów administracji danin publicznych w Polsce

The article is devoted to evaluation of the proposed reform of treasury administration expressed in a parliamentary draft bill concerning National Treasury Administration (form No. 826). It is carried out with respect to crucial issues that – in my opinion – affect the Polish treasury bodies, that is: delegating both functions of shaping the tax system and conducting public operations of the state in respect of tax law to a single tax body, organizing the executive body according to the criterion of the type of tax rather than the functions to be performed, delegating an array of tasks that are not connected with taxation to the fiscal administration, no statutory rules for funding treasury administration and no correlation between expenses and the tasks the administration performs, and no employment policy.Artykuł poświęcony jest ocenie koncepcji reformy administracji skarbowej, zawartej w poselskim projekcie ustawy o Krajowej Administracji Skarbowej (druk nr 826). Została ona dokonana w odniesieniu do zasadniczych problemów, które – moim zdaniem - dotykają polski aparat skarbowy, a więc: powierzenie temu samemu organowi kierownictwa w zakresie kształtowania systemu podatkowego oraz wykonywania publicznej działalności państwa w zakresie prawa podatkowego, ukształtowanie aparatu wykonawczego według kryterium rodzaju podatku, nie zaś realizowanych funkcji, nałożenie na administrację skarbową szeregu zadań nie związanych z podatkami, brak ustawowo określonych zasad finansowania administracji skarbowej oraz powiązania wydatków z realizowanymi przez nią zadaniami, brak polityki pracowniczej. Słowa kluczowe: krajowa administracja skarbowa, reforma, administracja podatkow

Legal opinion on the rules of taxation of gains of the functionaries of the Prison Service from financial assistance referred to in Article 184 (1) of the Act on the Prison Service

The opinion deals with the rules of taxation of gains from financial assistance for acquiring accommodation, available for functionaries of the Prison Service who are in active service. The analysis covers the existing legal framework, as well as court and administrative practice in this area. The author points out that the said assistance meets the criteria to be considered revenue resulting from a services relationship within the meaning of the Natural Persons’ Income tax Act. This revenue is not exempt from income tax, and the Act does not specify separate (other than general) rules for establishing the moment of obtaining revenue fro that type of benefits. In such case, general principles are applicable, regardless of whether the assistance is deemed nonrefundable at the time of payment or after fifteen years of service

Assessment of the governmental Bill on Amendment of the VAT Act and the Tax Ordinance Act

In the author’s opinion the proposed change in the way of identifying goods and services for VAT purposes, taking as a point of reference the coherence with the EU law, should be assessed positively. The consequence of these changes will be a reduction in the tax rate regarding books and electronic journals. However, raising the tax rate for, among others, certain fruit drinks may have negative economic, social and political consequences. According to the author, increasing VAT rates should be justified for both economic and social reasons

Impact assessment of the Governmental Bill on the Ombudsman for Taxpayers

The creation of the Ombudsman for Taxpayers (OT) is supposed to cause an increase of the sense of security of taxpayers in their contacts with tax administration bodies, contribute to the change of official practice to a more citizen-friendly one and to the improvement of the quality of Polish tax law as well as to the unification of its application. In the opinion of the author, the institution of the OT cannot constitute an independent guarantee of protection of taxpayers’ rights. The Ombudsman can only be an institution supporting the activities of legislative and executive authorities in shaping tax obligations and executing tax law by tax authorities. In practice, the effectiveness of the OT will depend not only on its activity in carrying out statutory tasks, but also on its political and factual relations with the minister in charge of public finances and tax authorities

Principles of taxation of income and turnover from the sale of products manufactured in agricultural farms

The analysis of the applicable regulations leads to the conclusion that the system of taxation of farmers’ income is complex. The author points out different definitions of agricultural activity for the purposes of income tax and value added tax. The legislator makes the classification of agricultural income among individual sources of income for the purposes of personal income tax dependent on whether they are processed or unprocessed products and on the method of their processing. The differences in the treatment of farmers’ revenues for the purposes of income tax overlap with the tax obligations with regard to value added tax and excise tax

Impact assessment of the temporary exemption from excise duty on electricity and the reduction to the minimum level of excise duty rates on motor fuels allowed by EU law, as well as the exemption of these fuels from retail sales tax

The bill under evaluation is aimed at inhibiting the increase in fuel and energy price inflation. The measures proposed in the bill will only slightly reduce the prices of these goods. Fuel prices depend primarily on fluctuations in oil prices and the dollar exchange rate in Poland. The author negatively evaluates the definition of household contained in the bill. As a result of the proposed changes, the state budget income will decrease, while their impact on energy prices will be limited

Definition of farm income for the purposes of Deputies’ financial statements

The author of the opinion considers that the income and revenue included in Deputies’ financial statements should be equated with the income and revenue within the meaning of the tax law. A Deputy is obliged to disclose in his or her financial statements both the income and the revenue from an agricultural holding, whereby the revenue should be understood as cash inflows obtained by the holder of a farm in a calendar year, while the income should be understood as revenue decreased by the sum of costs of its acquisition, i.e. those types of costs which may be deducted by the taxpayer from the revenue obtained

Impact assessment of rules of the citizens’ Bill – the Pension without Tax and on Amending of Some other Acts (Sejm’s paper no. 2984)

In the author’s opinion, the proposed exemption from tax health insurance contributions is more favorable to pensioners receiving higher pensions or disability pensions. This is not a proper way to improve the financial situation of pensioners. The changes privilege one group of pensioners, what may be considered as incompatible to the Constitution of the Republic of Poland. The bill is inconsistent with Article 18 of the TFEU regarding amendments to the Act on Personal Income Tax. In the current system of income taxation, the instrument that most completely fulfills the principles of universality, equality and tax justice is the tax-free allowance

The reform of revenue sources as a precondition for reconstruction of the current income taxation model

The article is devoted to the reform of the current income taxation model concerning natural and legal persons. It outlines the origin, structure and faults of the system having been in force for almost 30-years, referring to the results of the survey carried out by the Bureau of Research,aimed at protection of transparency and coherence of the Polish tax legislation. The last part of the article presents de lege ferenda postulates relating to the future reform. In the first place it should affect the current catalogue of revenue sources, what will enable the linkage between tax policy and socio-economic changes, the Poland has undergone over the past 25 years

Extension of the catalogue of exemptions from the health resort fee to residents of the municipality who receive spa treatment in the municipality of their residence

In the author’s opinion, the petition – submitted by a spa commune – is unjustified insofar as it refers to persons residing in a town recognised as a spa town who, for health purposes, temporarily stay in a spa treatment facility located in that town. However, an exemption from the spa fee for persons having their place of residence in a locality which is not situated in an area which has been granted the status of a health resort, who temporarily benefit from health treatment in the municipality of their residence, should be considered. The introduction of such an entity exemption requires an intervention of the legislator