Legislator Case Law & Legislation
III RN 64/97 AI generated

Supreme Court quashes tax decision for applying wrong regulation due to missing new law entry date.

Case Number III RN 64/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the tax authority's decision and remanded the case to the Administrative Court. The taxpayer argued that the 1989 regulation should apply because all business licensing actions occurred before its effective date. The court rejected this, noting the 1989 regulation entered into force on February 7, 1989, making it inapplicable to actions taken in January 1989. Consequently, the court held that the 1984 regulation governs the tax exemption issue.

Legislator headnote

AI generated

Dz.U. Nr 3, poz. 20; Dz.U. Nr 24, poz. 122; art. 59 ust. 1 k.r.s.: When a new tax regulation enters into force after specific administrative acts, the earlier regulation remains applicable if the acts predate the new law's effective date.

Keywords

AI generated
tax exemption regulation investment relief clause new business activity retroactive application administrative court review tax liability determination legal entry into force

Cited Legislation

AI generated
Dz.U. Nr 3, poz. 20
Dz.U. Nr 24, poz. 122
art. 59 ust. 1 k.r.s.

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