O braku konieczności uzyskania zgody podmiotu wyznaczonego na funkcję inkasenta
On the lack of the requirement to obtain the consent of the entity designated as a tax collector
Author(s): Jacek Wantoch-Rekowski, Tomasz Brzezicki, Paweł MajkaSubject(s): Law on Economics, Financial Markets, Public Finances, Fiscal Politics / Budgeting
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: tax law; local government resolution; tax collector; local taxes; Regional Chamber of Audit;
Summary/Abstract: In Polish tax law, a tax collector is a natural person, a legal person or an organizational unit without legal personality, obliged to collect tax from the taxpayer and pay it to the tax authority, and is responsible mainly for local taxes and fees. The article analyzes the problem faced by municipal councils and commissions of district audit chambers, whether it is necessary to obtain the appropriate consent of an entity before granting it the status of a tax collector.The article aims to demonstrate that the legal specificity of the tax collector’s institution does not require any consent of the entity that is appointed as the collector. The basic research method used by the authors was the dogmatic-legal method and the analysis of local government resolutions, resolutions of the boards of the Regional Chambers of Audit and judgments of administrative courts.
Journal: Studia Prawnoustrojowe
- Issue Year: 2024
- Issue No: 64
- Page Range: 315-327
- Page Count: 13
- Language: Polish