Legislator Case Law & Legislation
II UKN 308/97 AI generated

Supreme Court dismisses wife's appeal, holding she is jointly liable for husband's social security debts under tax law.

Case Number II UKN 308/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the wife's cassation appeal against a decision ordering her to pay social security contributions owed by her husband. The court found that the statutory provision establishing joint liability for debts incurred during the marriage was correctly interpreted and applied. Although the court noted the lower administrative body failed to assess grounds for exemption under social coexistence principles, this omission did not justify overturning the liability judgment in the cassation proceedings.

Legislator headnote

AI generated

Art. 40 ust. 2 ustawy o zobowiązaniach podatkowych; Art. 41 ustawy o zobowiązaniach podatkowych: A third party (spouse) remains jointly liable for the taxpayer's debts incurred during the marriage, and the failure to assess exemption grounds prior to the decision does not invalidate the liability judgment in cassation.

Keywords

AI generated
joint liability social security contributions tax obligations marital property cassation appeal social coexistence administrative decision

Cited Legislation

AI generated
Art. 40 ust. 2 ustawy z dnia 19 grudnia 1980 r. o zobowiązaniach podatkowych
Art. 41 ustawy z dnia 19 grudnia 1980 r. o zobowiązaniach podatkowych
art. 393 ust. 1 KPC
art. 393 ust. 2 KPC

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