Opinia prawna i merytoryczna na temat rządowego projektu ustawy o zmianie ustawy o Służbie Celnej, ustawy o urzędach i izbach skarbowych oraz (...)
Legal and factual opinion on the government bill amending the Act on Customs Service, the Act on Tax Offices and Tax Chambers and some other acts

Summary/Abstract: The bill concerns the inclusion of tax offices in the organizational structure of the tax chamber which, formally, is to maintain two separate tax authorities (head of a tax office as the first instance and director of the Tax Chamber as the second instance). The functioning of these bodies in one organizational unit raises doubts as to guarantee two-instance proceedings in cases of tax liabilities. The proposed solution, in fact, reestablishes the factual circumstances of the 1980s. The early entry into force of the amendments may lead to problems with the use of employees of consolidated organizational units of tax offices and with the implementation of statutory tasks of tax offices. In the author’s view, the planned centralization can be achieved by the use of existing legal solutions by focusing on consolidation at the regional level of oversight, recovery, investigation or registration functions, leaving the authorities of first instance the performance of assessment, verification, collection and service to taxpayers. The opinion also presents systemic contradictions in the context of the Tax Code.

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