The case concerns informal information messages in which the Tax Office informs citizens of possible reservations related to the proper fulfillment of tax obligations. The letters contain a general reference to an “event with tax consequences” observed by the office. In addition, messages contain information The citizen's reaction will be monitored by the tax authorities. These lists arouse great emotion among taxpayers.
Human Rights Commissioner Marcin Viacek asked Finance Minister Andrzej Domanski, among others, about the basis on which the group of addressees of these letters is determined and whether the Ministry verifies the authenticity of their sending to taxpayers, and if so how. The Tax Code does not provide regulations regarding transmission By the tax authorities of this type of letters.
When and to whom should these messages be sent?
However, according to information provided on the website prawo.pl, in December 2023, the Deputy Head of the National Tax Administration issued general guidance to directors of tax administration chambers regarding When and for whom Send such messages. According to the instructions, the authorities must send conduct letters, especially when they have doubts about the correct performance of tax obligations by taxpayers, but have no evidence of this; When they obtain information that does not meet the conditions for initiating a tax audit or tax procedure; When they carried out verification work against the taxpayer and did not inform him of this; or when they do not find any justification for carrying out verification activities with the participation of taxpayers, Considering it uneconomical.
In other words, sending a letter to a taxpayer is based primarily on suspicion It violates tax regulations. The General Secretariat of Grievances appealed to the Minister of Finance to provide adequate clarifications on this matter and to provide statistical data on the number of letters sent and the actions taken by the Bureau after they were sent.
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