Fiscal Efficiency of Tax System and Limitation of Tax Liabilities

Abstract

The paper analyses the influence of stability and predictability of a limitation term of tax liability on the efficiency of a tax system. In the author’s opinion legislative defects confirmed under the jurisdiction of Polish Constitutional Tribunal mentioned in the paper have ruined the certainty of taxation. Tax liabilities have been terminated due to unconstitutionality of tax regulations. Moreover, serious interpretation doubts make it impossible to determine whether given tax liabilities were terminated or not. Such a situation does not favour the certainty and predictability of taxation and consequently also the efficiency of a tax system, creating additional costs both for taxpayers and tax authorities. Amendments to tax rules are needed to make the provisions comply with the constitutional standards and to avoid interpretation doubts as well as to eliminate premises of limitation term prolongation which are not connected to the process of calculating or collecting taxes.