Zwrot szacunkowy w konstrukcji zabezpieczenia wykonania zobowiązania podatkowego
The estimated tax refund in the construction of the collateral for the execution of tax liabilities

Summary/Abstract: The issue of flexibility in law is now becoming more and more relevant in the view of excessive law regulation. Especially in the area of the tax law, which very often undergoes changes that spoil not only, the image’’ of legal regulation, but also its „system” dimension. These facts depict the weakness of these regulations. Moreover, the tax law implies the relationship between the economy and the law, that on the other hand forces frequent legislative changes. This raises the question of the use of such mechanisms, which would limit the overgrowth of legal norms, and at the same time would enable the law adjustment, i.e. in this case the tax law to the rapidly changing socio-economic reality. These mechanisms are: blurred definitions general clauses and administrative recognition. They create flexibility yet limit the growth of regulation and at the same time the tax law is likely “to follow” a rapidly growing economy. The legislator uses these sources of flexibility. The paper analyzes one of them, i.e. blurred concept that has a form of the estimated return that the legislator uses in constructing the collateral for the execution of tax liabilities.

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