Legal Opinion on the compliance of the proposed sales tax (or other tax authorized by the Polish legal system) borne by the supermarkets, with the... Cover Image

Opinia prawna w sprawie zgodności z przepisami Konstytucji RP proponowanego podatku obrotowego (lub innego podatku dopuszczonego przez polski system..
Legal Opinion on the compliance of the proposed sales tax (or other tax authorized by the Polish legal system) borne by the supermarkets, with the...

Author(s): Henryk Dzwonkowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; sales tax; supermarkets; Constitution;

Summary/Abstract: Article 1, Article 2 and Article 84 of the Constitution of the Republic of Poland state that there is no obstacle to the placing of sales tax charged only to certain categories of taxpayers, as long as its main objectives will be sufficiently justified by the protection of particular constitutional values. The introduction of sales tax charged only on the supermarkets may be also considered compatible with the provisions of Article 32 of the Constitution provided that it protects constitutional values. From a subjective point of view, large-format stores category does not appear to satisfy the condition required for tax generality by definition. At the moment there isn’t any legal possibility of introducing to the Polish tax system of a turnover tax or any other tax borne solely by supermarkets.

  • Issue Year: 2012
  • Issue No: 2
  • Page Range: 169-178
  • Page Count: 10
  • Language: Polish