Legislator Case Law & Legislation
III RN 132/01 AI generated

Supreme Court allows tax deduction transfer from housing cooperative to construction company without income recapture.

Case Number III RN 132/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the taxpayer's appeal against the tax authority's decision to recalculate income. The taxpayer had transferred funds from a housing cooperative to a construction company building a new apartment he intended to buy. The court ruled that this transfer did not constitute the withdrawal of a construction contribution under the Income Tax Act. Consequently, the previously deducted amounts did not need to be added back to the 1998 tax liability.

Legislator headnote

AI generated

Art. 27a ust. 1 pkt 1; Art. 27a ust. 13 pkt 1 ustawy o podatku dochodowym od osób fizycznych: The transfer of funds from a housing cooperative to a construction company does not constitute the withdrawal of a construction contribution if the taxpayer simultaneously qualifies for deductions on both the original contribution and the purchase of a new apartment from that company.

Keywords

AI generated
income tax deduction housing cooperative transfer construction contribution tax recapture rule Supreme Court precedent administrative review tax liability calculation

Cited Legislation

AI generated
Art. 27a ust. 1 pkt 1 of the Income Tax Act for Natural Persons
Art. 27a ust. 13 pkt 1 of the Income Tax Act for Natural Persons
Art. 45 ust. 6 of the Income Tax Act for Natural Persons
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 10 of the Act on Amending the Code of Civil Procedure
art. 236 ust. 2 Konstytucji

Cited Case Law

AI generated
I SA/Wr 2479/98
I SA/Wr 620/00

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text