Podatkowoprawne kwestie odpowiedzialności inkasentów opłaty uzdrowiskowej
Tax law issues of the liability of health resort fee collectors
Author(s): Tomasz WołowiecSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: collection; tax collector; resort fee; resort commune
Summary/Abstract: A tax collector is obliged to collect and remit tax to the appropriate tax authority. The scope of the collector’s liability is narrowed only to situations in which he collected the tax due but did not pay it to the tax authority. If the tax was not collected by the tax collector, he bears no responsibility for it – neither on the grounds of the Tax Ordinance nor of the Fiscal Penal Code. The taxpayer bears responsibility for the tax not collected by the tax collector. The tax collector is liable with all his assets in an unlimited manner. Again, he may also be liable with his joint property with his spouse; the liability is adjudicated by a decision of the appropriate tax authority. If the tax collector pays to the tax authority the tax that he did not collect earlier, he can claim it by civil law. He is also obliged to collect and keep records of the amounts collected.
Journal: Kwartalnik Prawa Podatkowego
- Issue Year: 2021
- Issue No: 2
- Page Range: 47-58
- Page Count: 12
- Language: Polish