Legislator Case Law & Legislation
III RN 27/96 AI generated

Polish Supreme Court allows extension of tax appeal deadline when mailed to non-relative neighbor.

Case Number III RN 27/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland granted an extraordinary revision to restore the deadline for filing a tax appeal. The applicant argued that his mother, who lived with him but did not share a household, received the notice on his behalf, while the tax office claimed she was merely a neighbor. The court ruled that under Article 43 of the Code of Administrative Procedure, relatives sharing a residence are 'household members' regardless of shared economic life, whereas non-relatives are neighbors unless formally included in the household. Consequently, the notice was deemed delivered to a household member, starting the 30-day appeal period the next day, which the applicant successfully completed.

Legislator headnote

AI generated

Art. 43 KPA; Art. 57 § 1 KPA: Relatives residing with the addressee are deemed household members irrespective of shared economic life, while non-relatives are neighbors unless formally included in the household; a one-day delay in receipt does not justify restoring the procedural deadline.

Keywords

AI generated
household member status tax appeal deadline extraordinary revision administrative procedure code procedural time limit neighbor vs relative service of notice

Cited Legislation

AI generated
art. 43 KPA
art. 57 § 1 KPA
art. 57 § 4 KPA
art. 199 § 1 KPA

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