On 14 June 2016 in the Journal of Laws of the Republic of Poland was published the Law of 13 May 2016 amending the Tax Ordinance Act and some other laws. This Act introduces so called “clause against tax evasion”.
The clause is an important element of the tax system sealing policy announced by the Polish Government. The main objective of the clause is to prevent the creation and use (legal) activities which lead to avoidance of Polish tax payments or achieve tax benefits. The tax authorities will be entitled to assessment of the tax consequences of transactions without those (legal) activities.
The Act comes into force after 30 days from the date of publication, i.e. on 15 July 2016. The new regulations do not apply to tax benefits acquired before the entry into force of the Act.