Legislator Case Law & Legislation
II UKN 42/96 AI generated

Supreme Court allows tax offset of social security contributions against state budget debts under tax obligations act.

Case Number II UKN 42/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the Social Insurance Institution to offset social security contributions against the applicant's debts owed to state budget units. The applicant argued that Article 498 of the Civil Code only applies to civil claims, not mixed public-law obligations. The court ruled that Article 28 of the Tax Obligations Act applies to all debts owed to the State Treasury, including those held by state budget units, as the Social Insurance Institution acts as a central state organ. Consequently, the court reversed the lower court's decision and upheld the right to perform the offset.

Legislator headnote

AI generated

Art. 28 ustawy o zobowiązaniach podatkowych; Art. 498 Kodeksu cywilnego: The tax offset provision applies to debts owed to the State Treasury, including those held by state budget units, and is not limited to purely civil claims.

Keywords

AI generated
tax offset social security contributions state budget units State Treasury mixed legal claims tax obligations act administrative offset

Cited Legislation

AI generated
Art. 28 of the Tax Obligations Act of 19 December 1980
Art. 498 of the Civil Code
Art. 7 ust. 1 and 2 of the Act on the Organization and Financing of Social Insurance
Art. 9 ust. 1 of the Act on the Organization and Financing of Social Insurance
Art. 25 ust. 2 of the Act on the Organization and Financing of Social Insurance
Art. 26 pkt 1 of the Act on the Organization and Financing of Social Insurance
Art. 393 § 15 of the Code of Civil Procedure

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