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Podstawowe kategorie podatkowe w ekonomii zrównoważonego rozwoju

Author(s): Maciej Cieślukowski / Language(s): Polish Issue: 1/2016

After the crisis 2008+ the criticism of traditional economics intensified and economists started to formulate alternative paths of economic development. One of them is sustainable development based on firm and integrated economic, socio-cultural and ecological order. Such development should be supported by the rational, i.e. sustainable tax system. Construction of the system should begin with organization of main tax categories. The paper defines a conception of sustainable tax system and presents main tax categories in a new economic order. 

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Fiskalna funkcja podatku od dochodów z kapitałów pieniężnych

Author(s): Anna Kosidłowska / Language(s): Polish Issue: 1/2016

The aim of the study was to investigate changes in structure of the state budget tax revenues in Poland, in particular, revenues from personal income taxation derived from capital gains. The study covered the period from 2010 until 2014. Due to limited amount of available data relating to the taxation of income from capital gains, its analysis was carried out for the period 2010–2013. Data used for the study comes from publications of the Ministry of Finance.

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Pożądany zakres merytoryczny raportów tax expenditures

Author(s): Adam Wyszkowski,Aneta Kargol-Wasiluk / Language(s): Polish Issue: 1/2016

The aim of the article is to identify the required substantive range of tax expenditures reports in Poland – on the base of the countries that have many years of experience in this field. The starting point for the analysis is to specify the essence of tax preferences and its functions. The article is divided into four main parts: the essence of tax preferences, tax expenditures reports, solutions applied in some countries such as Australia and Canada, and the scope of Polish tax expenditures reports. The authors have attempted to determine a model of such report, in order to point out the desired direction of change in Poland.

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Determinanty elastyczności przepisów prawa podatkowego (na drodze do poprawy systemu podatkowego)

Author(s): Paweł Borszowski / Language(s): Polish Issue: 1/2016

The study analyzed the problem of the determinants of provision flexibility of Polish tax law. The starting point was the justification for flexibility in the area of tax law. It established the concept of flexibility determinants of tax law. Then, the flexibility determinants of tax law for its creation and development were given.

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Granice zasady prawdy materialnej w postępowaniu podatkowym

Author(s): Rafał Pasternak / Language(s): Polish Issue: 1/2016

The main aim of this article is to classify and characterize the major factors that have an influence on boundaries of substantive truth principle in tax procedure. The author lists three factors (the constitutional principle of the rule of law, limitations and breaches of the mentioned principle) and thoroughly analyzes each of them from the perspective of its influence on the possibility of finding the truth in tax procedure.

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Efektywność fiskalna systemu podatkowego a przedawnienie zobowiązań podatkowych

Author(s): Dominik Mączyński / Language(s): Polish Issue: 1/2016

The paper analyses the influence of stability and predictability of a limitation term of tax liability on the efficiency of a tax system. In the author’s opinion legislative defects confirmed under the jurisdiction of Polish Constitutional Tribunal mentioned in the paper have ruined the certainty of taxation. Tax liabilities have been terminated due to unconstitutionality of tax regulations. Moreover, serious interpretation doubts make it impossible to determine whether given tax liabilities were terminated or not. Such a situation does not favour the certainty and predictability of taxation and consequently also the efficiency of a tax system, creating additional costs both for taxpayers and tax authorities. Amendments to tax rules are needed to make the provisions comply with the constitutional standards and to avoid interpretation doubts as well as to eliminate premises of limitation term prolongation which are not connected to the process of calculating or collecting taxes.

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Prawne instrumenty skutecznej egzekucji należności publicznoprawnych

Author(s): Anna Dalkowska / Language(s): Polish Issue: 1/2016

Execution of an administrative decision is effective if its main objective – enforcement of receivables – can be achieved. Enforcement authorities and creditors have the jurisdiction and can apply coercive measures against debtor. The result of the enforcement proceedings very often depends on their activity and collaboration. Keywords

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Restrukturyzowane zobowiązania podatkowe a pomoc publiczna w układzie

Author(s): Aleksandra Lubicz-Posochowska / Language(s): Polish Issue: 1/2016

The article concerns the problem of state aid, which occurs in bankruptcy proceedings open to an arrangement according to the Bankruptcy and Reorganization Law as well as the Restructuring Law in the case of restructuring of tax liabilities. This issue has extraordinary importance from the point of view of practice, mainly due to the fact that in most cases the arrangement procedure involves creditors who may have the status of Mandated Body. Therefore, the court and participants in the proceedings face the challenge of the compatibility assessment of state aid granted to Community law and, consequently, before the establishment of the arrangement procedure with the law.

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Znaczenie zasad ogólnych administracyjnego postępowania egzekucyjnego w orzecznictwie sądów administracyjnych

Author(s): Małgorzata Ofiarska / Language(s): Polish Issue: 1/2016

This study focuses on general principles of administrative execution proceedings regulated by the Act on execution proceedings in administration, which is often invoked in the summaries and substantiations of rulings passed by administrative courts. These principles have specific purposes and functions: a descriptive function (they outline the assumptions and basic aspects of execution proceedings), interpretative (they constitute basic directives which should be adhered in the course of executive proceedings) and protective function (infringement thereof necessitates the initiation of specific actions by the organs conducting the proceedings and supervisory organs). Since the principles are subject to mandatory compliance, they primarily protect the obligor’s interests.

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Formalne przesłanki dopuszczalności skargi sądowej wniesionej na decyzję organu podatkowego

Author(s): Krzysztof Wilk,Jolanta Wilk / Language(s): Polish Issue: 1/2016

The aim of the publication is to present the practical consequences of non-compliance by the taxpayer appellant against the decision of the second instance tax authority with the formal requirements set by the legislator to that procedural document (a complaint). The study used the following test methods: studies of literature, an analysis of national laws and rulings of administrative courts. The analysis – above all of the rulings of administrative courts – allowed to establish that the mere drafting and bringing the taxpayer complaints to court does not guarantee that the court will recognize the merits of the case and issue a ruling. This means that not in every case the court will check the contested decision of the tax authority. If the court finds that the complaint is inadmissible because the applicant did not comply with the formal requirements of complaint, the court will reject the complaint by a decision in closed session.

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System (zbiór) podatków samorządowych – wstępne propozycje uporządkowania

Author(s): Zbigniew Ofiarski / Language(s): Polish Issue: 1/2016

In Poland, local government tax is a source of own revenue exclusively for communes (“gmina”), whereas larger administrative units such as counties (“powiat”) and voivodeships do not have access to this source of finance. Therefore, the law should be modified to enable full implementation of the standards stipulated by the Constitution of the Republic of Poland and the European Charter of Local Self-Government. Moderate reforms would lead to providing counties and voivodeships with their own sources of revenue, thus enabling their fiscal autonomy. Moreover, the process of restructuring the operational responsibility should come to an end and commune tax organs should be given competence to deal with such fiscal issues as inheritance and gift tax, civil law transaction tax and flat-rate income tax in the form of fixed amount tax. The local government tax system should become a significant and lasting foundation of financial autonomy for local government units. 

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W poszukiwaniu efektywnego systemu podatków samorządowych

Author(s): Beata Guziejewska / Language(s): Polish Issue: 1/2016

This paper discusses the problem of rational formation of the financing system for local self-government entities, especially local taxes in the light of fiscal illusions. The study involved methods of general statistical analysis of revenues from real property tax in Poland and selected conclusions from ten targeted in-depth interviews with the members of the Municipal Council. The results show a wide range of fiscal illusions as a consequence of the system of financing local government in Poland which is predominantly based on revenue from intergovernmental transfers instead of local taxes. 

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O nowy ład podatków lokalnych w Polsce

Author(s): Paweł Felis / Language(s): Polish Issue: 1/2016

The article contributes to the academic discussion about the necessity to reform the Polish local tax system. Local taxes are usually treated as the most important part of the municipalities’ incomes and an indicator of their potential to generate profits. Yet, the analysis conducted in the first part of the article leaves no doubt that these taxes are not always a sufficiently stable source of municipalities’ income. For this reason the second part outlines key elements of the income tax reform. It states that one of the most crucial points – especially for appropriate relations between a tax payer and public authorities – is to correctly legitimize property taxation.

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Udziały samorządu terytorialnego w państwowych podatkach dochodowych w aspekcie postulatów teoretycznych federalizmu fiskalnego

Author(s): Marzanna Poniatowicz,Ryta Dziemianowicz / Language(s): Polish Issue: 1/2016

In the Polish legal system, shares of local government units in state income taxes (PIT and CIT) fall into the category of the local government’s own revenues. This is against the theoretical postulates of the fiscal federalism concept, which treats said income categories as transfer revenues that do not meet the basic attributes of the so-called decentralized taxes. The concept of local income tax is much closer to the idea of federalism, the essence of which is to transfer a specific part of the tax base into the scope of fiscal sovereignty of local government units. Not only does this article aim to evaluate the specificity and fiscal significance of shares in state income taxes as a source of income for local government in Poland, but also to confront the currently used solutions with theoretical postulates of the fiscal federalism doctrine, primarily in the context of the idea of the so-called decentralized tax and the closely related municipal PIT concept. 

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Koncepcja PIT-u komunalnego – argumenty za i przeciw

Author(s): Ryta Dziemianowicz,Marzanna Poniatowicz / Language(s): Polish Issue: 1/2016

In the Polish legal system, shares of local government units in state Personal Income Tax (PIT) falls into the category of the local government’s own revenues. Such assignment does not meet the basic attribute of the so-called decentralized taxes, which is the taxing power. The local authorities cannot affect the income tax revenue in this case, while at the same time they suffer financial consequences of amendments in the construction of this tax. In Poland, this issue, among other things, fueled a discussion on the need to reduce the dependence of local government units’ revenues on central tax decisions in the form of “local-governmentalization” of the Personal Income Tax and introduction of the so-called municipal (local) PIT. Not only does the article aim to present this concept, but also to identify potential advantages and risks connected with the possible introduction of municipal PIT in the Polish system of local finance.

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Wybrane determinanty zmian dochodów podatkowych samorządu terytorialnego w Polsce w latach 1999–2014

Author(s): Marek Pypeć / Language(s): Polish Issue: 1/2016

Tax revenue is a very important, but also relatively variable part of Polish local governments’ revenue. During the years 1999–2014, tax revenue value was determined by a number of various factors, often with a contradictory impact. These factors include, above all, statutory changes in tax revenue share in the revenue of the state budget and the use of tax relief, exemptions and deferrals in both municipal and state taxes.

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Władztwo podatkowe w ocenie samodzielności dochodowej gmin w Polsce

Author(s): Krystyna Brzozowska,Magdalena Kogut-Jaworska / Language(s): Polish Issue: 1/2016

Financial autonomy of local government units in Poland has been guaranteed by constitution but, in practice, as an effect of many factors, local government units cannot fully keep their financial autonomy. Communes (“gminy”), entitled to obtain their own income, mainly from local taxes, have the biggest chance to guarantee a relatively high level of financial autonomy. The subject of this research is the relationship between the income and financial autonomy of Polish communes. The aim of this article is to verify the working hypothesis that according to stabilization of economy, income autonomy of communes in Poland has systematically improved. Research covered all communes in Poland divided into rural, municipal, and municipal-rural communes.

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Źródła dochodów własnych samorządu województwa w świetle ich samodzielności dochodowej na przykładzie województwa zachodniopomorskiego

Author(s): Beata Filipiak,Marek Dylewski / Language(s): Polish Issue: 1/2016

The authors present the essence of taxing powers and independence of the revenue. Taxation power of the government of the voivodeship was analyzed and the sources of income of the local government were pointed out. The aim of the discussion is to indicate the position in the structure of own revenues from tax incomes. Based on studies, the article pointed out the lack of taxing power in generating own revenues of voivodeships, and dependence on the degree of individual’s own income which represents own revenues.

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Opodatkowanie przeniesienia własności nieruchomości, prawa użytkowania wieczystego gruntu, spółdzielczego własnościowego prawa do lokalu mieszkalnego – w poszukiwaniu optymalnych regulacji prawnych

Author(s): Wojciech Gonet / Language(s): Polish Issue: 1/2016

This article concerns the analysis of completing the universality principle of property ownership transfer taxation. It has been stated that many transfer of property ownership agreements are not subject of taxation under the acts of tax on civil law transactions, VAT and inheritance and gift tax, which is the result of the legislator’s will. A wide range of exemptions is included in each of the abovementioned three acts and it is the legislator’s intention that they are the subject of taxation according to these acts. The legislator narrowly defined the objective range of property transfer of ownership agreements. It has been stated that accomplishment of the universality principle of property ownership transfer taxation does not require a reform of taxation rules and, in particular, the introduction of a new tax. Adjustment changes such as updating the taxation rules of property ownership transfer by widening the range of objectives in agreements to be taxed according to tax on civil law transactions, VAT, inheritance and gift tax by eliminating some exemptions and simultaneously by reducing tax rates on property ownership transfer tax in tax on civil law transactions and inheritance and gift tax are sufficient.

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Możliwości wykorzystywania przez gminy podatków i opłat do przejmowania pożytków z tzw. renty planistycznej – wybrane problemy

Author(s): Katarzyna Wójtowicz / Language(s): Polish Issue: 1/2016

The aim of the article is to indicate potential and actual opportunities for gminas (communes) to use taxes and charges to impound profits from “spatial planning rent”. The main conclusion of the paper is that in practice the local municipalities do not benefit from this source of revenue in financing the costs of land-use planning. In the future, this situation can not only affect the fiscal sustainability of the gminas, but also generate potential social conflicts related to the unequal distribution of benefits and costs of urban development.

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