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Exclusion of a taxpayer from the VAT register

  • Tax authorities can remove a taxpayer from the VAT register without notifying them.
  • There is no consensus on whether the notification should be in the form of an administrative decision or a material-technical action.
  • The Supreme Administrative Court ruled that the removal of a taxpayer from the register is a material-technical action.
  • The court also stated that, due to legal consequences and business certainty, the taxpayer should be notified of the removal.
  • The court outlined the circumstances in which a taxpayer can be removed from the VAT register by the tax authorities.
  • These circumstances include non-existence of the taxpayer, inability to contact the taxpayer, false information in the registration form, non-compliance with tax authority requests, suspicion of tax fraud, and other specific situations.
  • Taxpayers who suspend their business, fail to submit VAT declarations, submit declarations without sales or purchases, issue false invoices, or participate in fraudulent tax practices can also be removed from the register.
  • The legal basis for these actions is Article 96 of the VAT Act.

Source: pit.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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