Legislator Case Law & Legislation
III AZP 2/95 AI generated

Court rules that tax reduction rights acquired before 1992 remain valid after new law entry into force.

Case Number III AZP 2/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a taxpayer's right to a tax reduction persisted after the new Income Tax Act came into effect on January 1, 1992. The taxpayer argued that the new law's terminology regarding 'tax exemptions' did not cover previous 'tax reductions,' while the tax authority contended otherwise. The court rejected the linguistic distinction, ruling that the new statute explicitly preserved all tax benefits acquired prior to the change, thereby upholding the taxpayer's rights.

Legislator headnote

AI generated

Art. 39 ust. 3 ustawy o podatku dochodowym od osób prawnych z dnia 15 lutego 1992 r.; Art. 391 k.p.c.; Art. 211 k.p.a.: Tax benefits acquired prior to the entry into force of a new tax law are preserved in full force and effect, regardless of terminological changes in the new legislation.

Keywords

AI generated
tax reduction rights protection of acquired rights income tax law legislative transition tax exemption preservation administrative tax dispute constitutional principle

Cited Legislation

AI generated
Art. 39 ust. 3 of the Income Tax Act of 15 February 1992
Art. 391 of the Code of Civil Procedure
Art. 211 of the Code of Administrative Procedure
Regulation of the Council of Ministers of 30 December 1989 on tax reductions
art. 391 k.p.c
art. 211 k.p
art. 391 § 1 k.p.c

Cited Case Law

AI generated
SA/Wr. 2111/93
SA/Gd. 1184/93
SA 760/93

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