Published: 2021-09-25

Business Activity as Defined in the Polish VAT Act and Personal Income Tax Act

Piotr Gajewski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.3.06

Abstract

My aim in this paper is to present the implementation of the principle of autonomy of tax law in relation to the definition of business activity, which is a legal reflection of the economic process. I present the definition of business activity in the provisions of Polish fiscal legislation and compare these definitions in legal terms with the definition given in Ustawa z 6 marca 2018 r – Prawo przedsiębiorców (the Act of 6 March 2018: the Law on Entrepreneurs; Dziennik Ustaw 2019, Item 1292, as amended). I analyse the relationship between the definitions of business activity and the reality of business transactions, and identify legislative errors in the definitions of business activity contained in Polish fiscal legislation. I examine the potential for the tax exemption of persons conducting unregistered business activities within the meaning of the Law on Entrepreneurs. I use two methods to review the legislation, the dogmatic legal method and the historical legal method. I conducted my research using a critical analysis of the case law of Polish administrative courts and the EU Court of Justice.

Keywords:

business activity; the VAT directive; the Polish Value- -Added Tax Act; the Polish Personal Income Tax Act.

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Citation rules

Gajewski, P. (2021). Business Activity as Defined in the Polish VAT Act and Personal Income Tax Act. Zeszyty Prawnicze, 21(3), 169–190. https://doi.org/10.21697/zp.2021.21.3.06

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