Legislator Case Law & Legislation
III AZP 7/95 AI generated

Court ruled that unlicensed lending by non-bank entities forfeits tax exemption on loan contracts.

Case Number III AZP 7/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether non-bank entities conducting unlicensed lending activities qualify for tax exemptions. The plaintiff argued that such activities were merely commercial, while the tax authority contended that operating without a banking license violated the law. The court decided that because the entity lacked the required authorization, its lending operations were illegal, thereby stripping it of the statutory exemption from tax fees.

Legislator headnote

AI generated

Art. 11 ust. 1 pkt 4 Prawa bankowego; § 68 ust. 2 pkt 2 rozporządzenia Ministra Finansów: Entities conducting banking activities without mandatory authorization are not eligible for tax exemptions on loan contracts.

Keywords

AI generated
unauthorized banking activities tax exemption forfeiture loan contract fees banking license requirement commercial entity status

Cited Legislation

AI generated
Art. 11 ust. 1 pkt 4 of the Banking Law
§ 68 ust. 2 pkt 2 of the Minister of Finance's Regulation on Tax Fees
§ 67 ust. 2 pkt 2 of the Minister of Finance's Regulation on Tax Fees
Act on Tax Fees
Article 391 of the Code of Civil Procedure
Article 211 of the Administrative Procedure Code
art. 391 k.p.c
art. 211 k.p

Cited Case Law

AI generated
III CZP 183/93

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