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Tuesday, February 27, 2024

Taxes. “Preventive Surveillance”. The tax office is to gain new powers

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The tax office will soon gain new powers regarding the control of personal accounts of natural persons. According to Russell Bedford attorney and tax advisor, Dr. Andrzej Dmowski “is such a preventive surveillance”. The expert emphasizes that the taxpayer will not know anything about the fact that his account is being monitored by the tax office.

Rzeczpospolita was the first to write about the case. “From July 1, 2022, banks will be required to provide tax authorities with data on, inter alia, the number of accounts held by a given person, turnover and balances of these accounts. They will also provide the amounts and dates of individual payments. What exactly will change? such information about the “suspect”. From July 2022, the obligation will apply to “natural person” “- wrote the journal.

“Preventive surveillance”

– The tax authority, regardless of the allegations made, will be able to verify not only the account balance, but also the turnover – explained Dr. Andrzej Dmowski in an interview with TVN24 Biznes. As he added, the new regulations may apply to any natural person “regardless of whether there is a tax or penal-fiscal procedure”. – The tax authority will have full access to banking documentation – he stressed.

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The lawyer explained that banking secrecy is currently waived when tax proceedings are pending. – The tax authority requests the taxpayer to allow access to banking secrecy. Only when the taxpayer refuses, the tax authority sends a query to the bank, indicating that the conditions in this respect are met. If this provision is changed, the tax office will be able to actually have full banking transactions of all natural persons under consideration without giving any reason – he explained.

According to Dmowski, “such provisions are absolutely not necessary”. – This is a further element of surveillance of all people, for no reason whatsoever. It is such a preventive surveillance, and the taxpayer will not know about anything. Obviously, these provisions should not enter into force, the expert assessed.

KAS position

Boss National Tax Administration Bartosz Zbaraszczuk in an interview with Rzeczpospolita said that “the amended Article 48 of the Act on KAS cannot be applied without a justified reason and without connection with the committed acts constituting the subject of the preparatory proceedings conducted in the case of a person suspected of committing a crime”.

– Taxpayers do not have to worry about abusing the introduced change, because in the period of the regulations already in force, no abuse was found. Data provided by banks is protected by fiscal secrecy, which is regulated in detail by regulations tax ordinance – he explained

“Rzeczpospolita” informed that the Ministry of Finance took into account the comments submitted to the content of the amended provision. – Currently, a re-analysis is underway in order to change it – emphasized the head of KAS.

TVN24 Biznes, Rzeczpospolita

Main photo source: Shutterstock

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