Legislator Case Law & Legislation
II URN 21/96 AI generated

Social security court ruled pension reduction must use income after tax-deductible expenses for employment income.

Case Number II URN 21/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court revoked lower court decisions regarding an annuitant's pension reduction based on employment income. The annuitant argued that her gross income should be reduced by deductible business expenses to determine the taxable income affecting her pension. The court held that the definition of 'actual income' for social security purposes must analogously follow income tax rules, requiring the deduction of costs incurred to earn the remuneration.

Legislator headnote

AI generated

Art. 24 of the Revaluation Act; § 1 ust. 1 pkt 1 i ust. 3 of the Minister of Labour Regulation; art. 22 of the Individual Income Tax Act: For determining actual income affecting pension rights, remuneration must be reduced by costs of its acquisition according to individual income tax provisions.

Keywords

AI generated
pension reduction actual income costs of acquisition income tax analogy employment income social security benefits remuneration deduction

Cited Legislation

AI generated
art. 24 of the Revaluation Act
§ 1 ust. 1 pkt 1 i ust. 3 of the Minister of Labour Regulation
art. 22 of the Individual Income Tax Act

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