Podatek akcyzowy a wewnątrzwspólnotowe nabycie pojazdu według regulacji prawnych obowiązujących w Polsce (wybrane aspekty)
Excise tax on the intra-Community acquisition of the vehicle in legal regulations in Poland (selected aspects)
Author(s): Aneta BiałySubject(s): Law, Constitution, Jurisprudence
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: intra-Community acquisition; combined nomenclature; Excise Tax Act; the explanatory notes; the passenger and freight vehicle
Summary/Abstract: The problem of the presented article concerns practical issues related to the intra-Community acquisition of a vehicle and its eligibility for the correct position of the Combined Nomenclature. The issues discussed in the article are of such importance that it often comes to the situation, in which the customs authorities and administrative courts take different decisions and judgments based on the same facts and law. Regarding the fact, the author has made an attempt to describe actions of such authorities and courts, as well as taxpayers liable to pay excise duty if the vehicle calls for CN heading 8703, although there are reasonable grounds for the vehicle to call for CN heading 8704, resulting in considerable legal consequences for the taxpayer, i.e. it does not bear the tax liability.
Journal: Roczniki Nauk Prawnych
- Issue Year: 25/2015
- Issue No: 2
- Page Range: 7-20
- Page Count: 14