Legislator Case Law & Legislation
II UZP 39/94 AI generated

Court rules child support must be deducted from net pension after tax withholding to prevent double taxation.

Case Number II UZP 39/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the calculation of percentage-based child support deductions from a work accident pension. The applicant argued that benefits should be calculated on the gross amount before tax, while the Social Insurance Institution deducted both tax and support from the gross sum. The court held that to avoid double taxation, child support must be calculated from the net amount after tax withholding. Consequently, the court ruled that the pension agency must deduct support from the pension reduced by the tax advance.

Legislator headnote

AI generated

Art. 107 ust. 1, ust. 3 ustawy z dnia 14.XII.1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 26 ust. 1 pkt 3 ustawy o podatku dochodowym od osób fizycznych: Percentage-based child support for children must be deducted from the net pension amount after tax withholding to prevent double taxation.

Keywords

AI generated
child support deduction pension calculation income tax withholding double taxation avoidance percentage-based support social insurance benefits gross vs net income

Cited Legislation

AI generated
Art. 107 ust. 1, ust. 3 of the Act on Pension Provision for Employees and Their Families of 14 December 1982
Art. 26 ust. 1 pkt 3 of the Individual Income Tax Act of 26 July 1991
art. 391 k.p.c
art. 834 k.p.c

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