Legislator Case Law & Legislation
II UKN 217/00 AI generated

Social security enforcement costs cannot be offset against state debts under the Tax Obligations Act.

Case Number II UKN 217/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court order requiring the social security fund to reimburse enforcement costs. The appellant, a subcontractor unable to pay social security contributions, sought to offset these costs against a debt owed to the state by the main contractor. The court ruled that enforcement costs are not a 'mutual debt' eligible for offset under the relevant tax provisions. Consequently, the court held that the lower court correctly denied the reimbursement request.

Legislator headnote

AI generated

Art. 28 of the Tax Obligations Act; Art. 111 of the Administrative Procedure Act: Enforcement costs incurred by a debtor are not a mutual debt subject to offset against state claims, and failure to exercise the right to supplement a tax decision does not invalidate it.

Keywords

AI generated
social security contributions enforcement costs offset of debts tax obligations act administrative procedure mutual debt cassation appeal

Cited Legislation

AI generated
Art. 28 of the Tax Obligations Act
§ 1 point 12 of the Council of Ministers Regulation of 16 February 1989
Art. 111 of the Administrative Procedure Act
Art. 393 § 1 of the Code of Civil Procedure

Cited Case Law

AI generated

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