Legislator Case Law & Legislation
III AZP 39/95 AI generated

Supreme Court rules tax overpayment refund right passes to heirs after taxpayer death during appeal.

Case Number III AZP 39/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a deceased taxpayer's claim for a tax overpayment refund passes to their heirs. The taxpayer, Henryk G., filed a claim for a refund after the tax authority determined the tax was due, but he died before the administrative appeal was concluded. The court determined that an overpayment refund is a civil property right rather than a personal tax obligation. Consequently, the court ruled that this right belongs to the estate and transfers to the heirs upon the taxpayer's death.

Legislator headnote

AI generated

Art. 922 § 2 k.c.; Art. 28, 30 ust. 4 k.p.a.: A claim for the return of a tax overpayment constitutes a civil property right that passes to the heirs upon the taxpayer's death, as it is not a personal obligation strictly linked to the individual.

Keywords

AI generated
tax overpayment refund heirs succession civil property right tax appeal procedure estate inheritance personal obligation administrative law

Cited Legislation

AI generated
Art. 922 § 2 k.c.
Art. 28 k.p.a.
Art. 30 ust. 4 k.p.a.
Art. 29 Ust. o zob. podatkowych
Art. 410 § 2 k.c.
art. 391 k.p.c
art. 211 k.p
art. 28 k.p

Cited Case Law

AI generated
III SA 496/87

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