Published: 2020-11-26

Overpayment and the its Effects under Polish Tax Law

Mariusz Popławski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.3.10

Abstract

The main purpose of this study is to present the shortcomings of the current provisions on overpayment under Polish tax law, which are due to the lack of clear regulations for the situation when the taxpayer who gives rise to the overpayment does not bear the economic burden of the overpayment. This article also considers prospective amendments to eliminate these deficiencies and shows that under the current provisions there are no clear regulations to determine whether a taxpayer who is charged an excessive amount of tax should be able to recover the amount he overpaid if he did not bear the economic burden of the tax. The provisions which should be introduced should determine that no return is due to a taxpayer who did not bear the economic burden of the tax. The new tax ordinance drafted by Komisja Kodyfikacja Ogólnego Prawa Podatkowego (the Polish General Tax Law Codification Commission) should prove useful for the compilation of new provisions to regulate overpayment and the economic burden of overpayment.

Keywords:

overpayment; economic burden of tax; unjust enrichment; tax law; tax ordinance.

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Citation rules

Popławski, M. (2020). Overpayment and the its Effects under Polish Tax Law. Zeszyty Prawnicze, 20(3), 265–283. https://doi.org/10.21697/zp.2020.20.3.10

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