After introduction Polish Deal one from changes that have warmed up to the redness of entrepreneurs, there is an increase in the powers of tax offices that will be able to require the bank to look into the account of each taxpayer. The Ministry reassures that this is possible only in the case of suspected crime, but it is difficult not to get the impression that the government treats all entrepreneurs (and certainly the wealthy ones) as suspects a priori.
We sleep peacefully because the new regulations are certainly not designed to draw taxpayers' money to repair the budget
A brilliantly simple crow would perhaps disappear into the thicket of several dozen changed regulations and new, intricate laws. For here it is. Under Article 48 Act on 16 November 2016 the National Tax Administration was replaced by the word ‘suspected’ by the term ‘natural person’.
This means no more than that as of July this year, not only the Head of the KAS, but any head of the tax office responsible for the taxpayer will be able to require the bank to provide information about its bank accounts.
Until now, that kind of information could have been given to the prosecutor, and that's only after the specific charges were made.
Now it is enough to suspect a criminal offence, but the taxpayer may not even know that the data on his accounts and all that is associated with them have been collected, including power of attorney, credit history, assets held.
Moreover, even if the client of the bank knew about the control, he would not be able to claim any blame to the bank. Polish Deal does not care about banking secrecy and the protection of the taxpayer, it is important to collect hooks and to “codify the work of offices” in which no one believes, including the authors of the legislation.
The Ministry of Finance reassures that the request for an account to be made available cannot be applied without a legitimate reason and without any link to the acts committed which are the subject of an investigation into a person suspected of having committed those acts.
The MF message also states that taxpayers do not have to fear any changes to the rules, as banks strictly respect banking secrecy when providing information under the Banking Law. Data provided by banks are protected by fiscal secrecy, which is governed in detail by the provisions of the Tax Ordinance.
We also sleep peacefully, because the new regulations are certainly not designed to draw money from taxpayers to repair the budget. And without irony – they probably do not need to be afraid of entrepreneurs who do not sin with too much money, because according to the preparatory note one from the U.S.
Chiefs “before the entity is designated for inspection, an analysis of the asset situation must be carried out to assess whether the control can bring a measurable financial effect”. Also, perhaps the way out of the situation is to earn as little as possible, which will certainly not be any field for developing the gray zone.