Tax Rulings on Tax-Deductible Costs – A Fiscal Pandora’s Box

Abstract

Polish tax law is the most complex in the world. It is also the most difficult area of law in Poland. Due to the inaccuracy of the construction of tax laws, the idea was that the relevant tax authorities prepare their interpretations, which would be issued by the Office at the request of the taxpayer. Amendments that were intended to clarify or modify the legal structure of a legal act have been replaced by the issuance of a kind of tax advice at source, i.e. by the Treasury. This should build good relationships on the taxpayer – Tax Office line and arouse mutual trust. The practice is slightly different, however. Numerous interpretations contain errors and are contrary to those previously issued to another entity or to the decision line presented by the administrative courts. This causes unnecessary confusion and undermines the hierarchy, seriousness and status of law. Taking care of the security of decisions is also becoming apparent. A published database of interpretations, which can be used to solve the tax problem of other taxpayers, can contribute simultaneously to conflicts and tax disputes; thus, it is the beginning of misery (the opening of the mythological Pandora’s box) affecting the economic equilibrium of the taxpayer.