Commentary on the judgment of the Supreme Administrative Court of November 8, 2016 (Ref. No. II FSK 2768/14) Cover Image

Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 listopada 2016 r. (sygn. akt II FSK 2768/14)
Commentary on the judgment of the Supreme Administrative Court of November 8, 2016 (Ref. No. II FSK 2768/14)

Author(s): Danuta Waniek
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: substantive tax law; donation for charity and care activities; lex specialis; in dubio pro tributario principle; concordat; intertemporal provisions

Summary/Abstract: The commentary, based on the voivodship administrative courts and the Supreme AdministrativeCourt judgments on methods of making donations for charity and care activities by church legal persons, provides an analysis of the legal situation of taxpayers who, after January 1, 2006, wereaffected by the repressive decisions of the tax office regarding tax reliefs if they had obeyed Article 55 para. 7 of the Act on State Relations with the Roman Catholic Church, dated 17 May 1989, recognized as a lex specialis. The author points out the legal uncertainties which, in the case law of the administrative courts, are always interpreted to the disadvantage of taxpayers.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 209-220
  • Page Count: 12
  • Language: Polish