Tax reliefs for donations to church charity and welfare activities Cover Image

Ulgi podatkowe z tytułu darowizn na kościelną działalność charytatywno-opiekuńczą
Tax reliefs for donations to church charity and welfare activities

Author(s): Aneta Maria Abramowicz
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Canon Law / Church Law, Court case
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: tax relief; donation; church charity and welfare activities; Supreme Administrative Court; church legal entity; case law of the Supreme Administrative Court;orzecznictwo NSA; kościelna osoba prawna;

Summary/Abstract: Religious organizations in Poland can be financed through donations. The donor may benefit from a tax relief for making a donation. In a special way, the donor may benefit from a tax relief for making a donation for church charity and welfare activities conducted by church legal entities. The normative basis for this kind of tax reliefs are the laws on the relation between the state and individual religious organizations, and not tax laws. However, according to the provisions, several conditions have to be fulfilled for the tax relief in question to be claimed. A church legal entity to which a donation has been made shall issue a receipt to the donor and shall submit a report on the use of the donation for charitable and protective purposes within two years of receiving a donation. In addition, according to the tax regulations, the amount of a donation should be confirmed by a relevant bank statement. In practice, the fulfilment of these conditions gives rise to many difficulties. This is evidenced by the rich case law of the Supreme Administrative Court, especially regarding the question of a report on spending a given donation on church charity and welfare activities.The case law of Supreme Administrative Court clarifies the concept of the report under discussion. However, as the practice has shown, it seems that these explanations are still insufficient.

  • Issue Year: 2019
  • Issue No: 22
  • Page Range: 201-232
  • Page Count: 32
  • Language: Polish