Legislator Case Law & Legislation
II UZP 6/08 AI generated

Supreme Court allows liability transfer to board members after company liquidation under tax code.

Case Number II UZP 6/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether Social Security contributions could be transferred to board members after a company's legal personality was lost due to bankruptcy liquidation. The applicants argued that the original debtor's extinction made the transfer impossible, while the court held that the lack of a primary payer does not preclude such liability. Consequently, the court ruled that the tax authority could issue a decision imposing liability on the board members despite the company's dissolution.

Legislator headnote

AI generated

Art. 116 Ordynacja podatkowa; The transfer of liability for social security contributions to board members of a limited liability company is permissible even after the company loses legal personality due to bankruptcy liquidation and removal from the court register.

Keywords

AI generated
social security contributions board member liability company liquidation tax code procedure legal personality loss bankruptcy proceedings third party liability

Cited Legislation

AI generated
art. 116 Ordynacja podatkowa
art. 551 k.c
art. 477 § 2 k.p.c
art. 233 § 1 k.p.c
art. 328 § 2 k.p.c
art. 366 k.p.c
art. 365 k.p.c
art. 379 pkt 2 k.p.c

Cited Case Law

AI generated

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