Criminal law

Combating the tax frauds in Poland in 2018 | Establishing STIR

On January 1st, 2018, the provisions of the Act amending certain acts in order to counteract the use of the financial sector to committing tax frauds will enter into force. The act establishes STIR – (pl. System Teleinformatycznej Informacji Rozliczeniowej). This is another tool in the hands of Polish Tax Authorities established in order to combat tax frauds, especially so-called VAT-carousels.

What is STIR?

STIR is an innovative tool. The main assumption of its creators was to use the information held by financial sector to eliminate the entitles, that commit crimes related to banking transactions, including VAT frauds. Under the provisions of abovementioned act, the STIR system will enable the exchange the information between KAS (National Tax Authorities) and banking system.

STIR will allow KAS to immediate identification of bank accounts established by fictitious companies i.e. companies, which were established in order to commit crimes. Quick identification of such accounts will enable immediate reaction, i.e. blockade of suspicious transactions.

Risks

STIR will be a very strong tool in the hands of KAS. The blockade of bank account may completely paralyze activity of company or entrepreneur. The appeal form such decision shall be filled to KAS and then to court. It means that the blockade of particular account may lasts for several weeks. Another issue is that STIR will also enable the exchange of the information covered by the bank secrecy.

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