Supreme Court dismisses appeal, ruling VAT penalty on civil partnership violates Constitution by imposing dual liability on partners.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the tax authority's decision to impose an additional VAT liability on a civil partnership. The court found that applying the specific VAT penalty provision to the partnership would effectively punish its individual partners twice for the same act, violating the principle of legality under the Constitution. Consequently, the court declared the contested tax provision unconstitutional and void, thereby upholding the lower court's decision to reject the penalty.
Legislator headnote
AI generatedArt. 27 ust. 5 i 6 ustawy o podatku od towarów i usług; Art. 864 Kodeksu cywilnego; Art. 2 Konstytucji RP: Imposing an additional tax liability on a civil partnership of natural persons does not alter the rule that partners bear joint and several liability, and such imposition violates the Constitution by subjecting partners to both administrative and criminal sanctions for the same act.