Voluntary disclosure (czynny żal) — how to protect yourself effectively

Voluntary disclosure (art. 16 of the Fiscal Penal Code) — when it protects from penalty, how to write and what to attach.

Voluntary disclosure is the voluntary revelation of a tax breach before the authority detects it. Properly filed — it protects from fiscal criminal liability.

When it works

Works when: 1) filed before the office starts verification/audit, 2) you pay back tax with interest, 3) you disclose all material facts and persons. Excludes fine and imprisonment.

How to write

Written document to the head of the tax office. Contains: taxpayer data, accurate act description (which provision, when, amount), filed correction/payment, signature. Submit in person, by post or ePUAP.

What to attach

Return correction (if applicable), proof of arrears and interest payment, possibly explanations. Missing attachments weaken disclosure — the head may deem conditions unmet.

Voluntary disclosure must be done properly and in time. Danexis files it together with the correction — comprehensively.